Patent Demand Letters – Escalation or Litigation (Part 5)

Patent Disputes Part 2 - Escalation or Litigation by David L. CohenIf the patent demand letter situation escalates and you may be sued for infringement, you have options to consider.

  1. Consider filing a lawsuit for declaratory judgment (DJ).

In certain cases you may file a lawsuit against a patent owner for declaration that you are not infringing on any valid patents. Knowing the patent owner’s litigation history is crucial when considering this option. Read more

Patent Demand Letters – Response Tactics (Part 4)

Patent Demand Letter Response Tactics by David L. CohenIf you receive a patent demand letter, you can choose from many courses of action, but each has pros and cons. Today we will discuss some immediate considerations to consider.

  1. Doing nothing is an option, but a risky one.

Pro: Some patent owners are not committed to actually filing lawsuits. They cast a wide net with lots of demand letters, knowing some recipients will pay nominal amounts to make it go away. If you ignore it, there’s a chance there will be no serious follow-up.

Con: Ignoring a patent demand letter may lead the patent owner to file a lawsuit to get your attention. Read more

Meet the IP Thought Leaders: Donal O’Connell

Meet the IP Thought Leaders: Donal O’Connell by David L. CohenOver the course of my 20+ years practicing law, I have had the honor of working with many individuals at the cutting edge of all aspects of intellectual property. I consider myself very lucky that most of these folks, in addition to being luminaries in the industry, are good people and have welcomed me into their professional world with open arms. To celebrate these individuals, I am inaugurating a series of interviews. Read more

Patent Demand Letters – Immediate Steps You Can Take (Part 3)

Steps to Take if You Receive a Patent Demand Letter (Part 3) by David L. Cohen

This article is the next piece of my series discussing patent demand letters. Part one, reviewed the initial considerations and steps one should make upon receiving a patent demand letter. Part two explored the subject or content of the letter — i.e., what is the sender asking for? Part three addresses evaluating the merits.

At this stage it might not be worthwhile to perform a full analysis of the letter’s claims, but it is definitely worth performing at least a high-level review.   Read more

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should Know Seminar

Standard Essential Patents: What Every IP Attorney and In-house Counsel Should KnowDavid L. Cohen is thrilled to be a panelist at the Standard Essential Patents seminar for IP executives at the John Marshall Law School in Chicago, IL.

The seminar is designed for IP attorneys, licensing professionals, and technologists interested in gaining valuable insights into the why and how of SEP development and licensing. It will be taught by a renowned former jurist, a respected licensing executive, and an innovative IP strategist who will bring their perspectives to bear on this fascinating field.

Read more about the seminar and register here.