Los Angeles, CA asked in Intellectual Property for California

Q: Is a cease and desist letter required by plaintiff in patent infringement matter?

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1 Lawyer Answer

A: In short, it is not required to initiate a lawsuit, but whether you write one or not and how you write it could affect several things (depending on whether you properly marked your products, etc) such as the amount of damages and the possibility that defendant would file for a declaratory judgement in his/her state. I would definitely recommend consulting a patent litigation attorney in regard to writing a cease-and-desist letter.

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