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[patpro23]

We have an issued patent on one of our products, and a competitor has begun using our technology.
I want to write a casual cease and desist letter, (i.e. non threatening and offering a license).

Does anyone know where I can get a letter template for this?  I have found lots of articles but can't seem to find a template that I can work from.

Any assistance would be appreciated.

[bleedingpen]

If it is to be non-threatening and offering a license, then it isn't a C&D letter. 

My advice would be to look at the SRI Int'l v. Advanced Tech. Labs case as a go-by, or to engage legal counsel with experience in writing C&D's that won't get you sued in some less than favorable district. 

[JimIvey]

A couple of thoughts....

First, this is a sensitive step.  If you're too aggressive, you might allow the recipient of your letter to sue you for declaratory judgment.  And, they can select the venue and timing and other elements of the lawsuit environment that would be better if you could select them.  If you're too soft, you might not put the recipient on sufficient notice to trigger triple damages for "willful" infringement if they ignore you.

Second, you really ought to have a professional help you.  If a "form" letter is available, it shouldn't cost you much.  If a "form" letter won't work, you'll need the expertise of a professional.  In addition, the recipient will read the "from" portion of the letter to gauge how serious the threat is. 

Enforcement of patents is very expensive.  If you're trying to save a few bucks at this stage, not many will take you seriously.

Best of luck.

[patpro23]

thanks guys!

[TataBox]

A couple of thoughts....

First, this is a sensitive step.  If you're too aggressive, you might allow the recipient of your letter to sue you for declaratory judgment.  And, they can select the venue and timing and other elements of the lawsuit environment that would be better if you could select them.  If you're too soft, you might not put the recipient on sufficient notice to trigger triple damages for "willful" infringement if they ignore you.

Second, you really ought to have a professional help you.  If a "form" letter is available, it shouldn't cost you much.  If a "form" letter won't work, you'll need the expertise of a professional.  In addition, the recipient will read the "from" portion of the letter to gauge how serious the threat is. 

Enforcement of patents is very expensive.  If you're trying to save a few bucks at this stage, not many will take you seriously.

Best of luck.

Jim,

Do you know of a case wherein a C&D did not put a potential infringer on notice given the tone of the letter?


Regards,

[JimIvey]

Do you know of a case wherein a C&D did not put a potential infringer on notice given the tone of the letter?

Nope.  That's been explained to me by litigators and at litigation seminars.

Regards.