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?
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.
Kevin E Flynn
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.
Contact a patent litigator and go from there.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.