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[jmc]

really don't want to make a mistake.
                                        thanks

[JSonnabend]

Well, my first bit of advice is to hire an attorney.

That said, recent developments in the law have made any contact with potential infringers/licensees risky in terms of triggering a law suit.  My advice is to find a proper attorney and discuss this with him.  

- Jeff

[rougie]

Hello,

Read the following link...it might help !  especially the part about declaratory judgement!


http://inventors.about.com/library/weekly/aa052497.htm


Rob

[DJoshEsq]

Hello,

Read the following link...it might help !  especially the part about declaratory judgement!


http://inventors.about.com/library/weekly/aa052497.htm


Rob

That link is awful.  It is written by a non-attorney and contains MANY incorrect statements.

[john_jsr]

Hi

   I think you can get good help from google. or you can visit http://inventors.about.com/library/weekly/aa052497.htm


Thanks
oil painting reproductions.

[Bill Richards]

I'll echo the earlier comments.  You really do need to speak with a lawyer, and one experienced in patent litigation.  For some, the answer to your question lies in procedural maneuvering, including such niceties as filing and service of process.  This can be a landmine if you're not careful.  Let's say you're in NY and want to go after someone in CA.  So, you send what you consider to be a benign letter to the CA guys.  Next thing you know, they're suing you for declaratory judgment in CA.  Not a happy result.

[ChrisWhewell]

How about:

"Dear Mr. Jones,

As a part of our new marketing efforts, please find enclosed with this letter a copy of our published patent application.   We are currently in the process of considering having a drawing raffle, to award one non-transferrable, royalty-free non-exclusive license to claim 43 to the lucky person whose name the lovely Carol pulls from a hat on a date to be determined.  Best of all, it's free to enter !!

Should you know of, or become aware of, any person who might have an interest in having their name entered into our hat, please have them complete the enclosed contest entry form and return to the address at its bottom.   

All restrictions apply, Void where prohibited by law.  Entries have no cash value.  Offer may be rescinded... yadayadayada



That gives em Notice.  And giving away claim 43 can be made essentially meaningless from a commercial standpoint.

Alternatively, include one super duper narrow claim in the application that is sure to be allowed, but yet has essentially no commercial value.    Then, serve the company with a free license to that nearly valueless claim.   Maybe even consider dedicating to the public only the subject matter of claim 43, which is super narrow, and send all market participants notice that they're free to practice claim 43.  Could giving a gift of a free license be construed as a threat of litigation     That would make them read the patent also.

[Isaac]

If the goal is to avoid creating summary judgment while attempting to negotiate a licensing agreement, I don't believe such a thing is possible anymore.