Q: Cease and desist letter from Kilpatrick Townsend

I received a cease and desist letter from Kilpatrick Townsend about selling headphones similar to airpods. What should I do now?. Should I respond?

3 Lawyer Answers
Kevin E. Flynn
Kevin E. Flynn
PREMIUM
Answered
  • Patents Lawyer
  • Chapel Hill, NC

A: The best answer is to take the cease and desist letter and you headphones to a patent attorney. It could be that there is a mistake and you do not infringe any rights held by others.

It could be that you may be able to modify your headphones so that they are no longer covered by the applicable patent or patents.

It could be that your agreement with your supplier makes them liable for this problem and you may need to provide timely notice to them.

You may need to provide timely notice to your insurance carrier.

Depending on the contents of the letter, you may now be on notice of the relevant patent rights in such a way that continued sales by you would be willful infringement. This would allow the patent holder to seek an order from the judge that the damages awarded in the case be increased by as much as 3X.

Good luck.

Kevin E Flynn

Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: You really need to contact a patent litigator. Make sure that it is not a patent attorney, but someone who has experience in patent litigation.

John B. Hudak
John B. Hudak
Answered
  • Patents Lawyer
  • Milford, CT

A: Contact a patent litigator and go from there.

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