Q: Hello, Our company received a cease and desist letter from patent holder (patent no. 9254401). Is this patent valid?
Upon further review, this patent is expired due to non-payment of the maintenance fee. Am I correct in assuming this patent is not enforceable ?
A: What you're requesting requires a great deal of analysis by an attorney, which means comparing the elements of the claims to the allegedly infringing product, in view of the specification and prosecution history. In other words, it would be impossible to tell without a patent lawyer's detailed review, as well as an understanding of your product or service. Regarding your maintenance question, I haven't reviewed the validity of your statement as I haven't reviewed the patent or its records, but patents whose maintenance fees are unpaid can be revived if the non-payment was inadvertent and certain filings are made and fees are paid with the USPTO. (As always, not legal advice, but general knowledge.)
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.
