Patent Infringement Actions
Before filing an action for infringement, a patent owner typically sends a cease and desist letter to the infringer, setting forth pertinent information about the patent and demanding that the infringer cease making, using, or selling the patented device. The cease and desist letter provided for trademark matters in Figure 6-1 can be modified easily for use in patent matters.
If the cease and desist letter does not produce favorable results, the patent owner should initiate an action in federal court for infringement. Patent matters are exclusively within the jurisdiction of federal courts. The plaintiff files a complaint and the defendant files an answer, which typically denies that any infringement has occurred and ...
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