Q: Good morning. This compagny is selling a copycat of our patent product. a warning letter do not stop the sales.

3 Lawyer Answers

A: You have a variety of options to enforce your patent rights, including further negotiation with the infringing party and suing for infringement. However, the contents of your warning letter may affect the best advice on how to best protect your rights. How you presented your warning could have allowed the infringers to challenge the validity of the patent. I suggest contacting an attorney before you take further action.

Vasilios Peros agrees with this answer

A: Sue them. That's the only way to stop and recover from infringement. You need to contact an attorney.

A: I agree that the letter you sent should be carefully evaluated. Besides a patent infringement lawsuit, you might be able to pursue a Section 337 ITC action (international trade commission) that would prevent importing the infringing product into the United States. Obviously, if they're making it domestically, the ITC action would not work. I would be pleased to discuss your case further: 202-713-5282 (cell).

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