The Art Of Writing License Invitation Letters

Law360, New York (March 1, 2010, 1:21 PM EST) -- It is no secret that there is an art to writing “license invitation letters” to potential patent infringers. Generally, these letters invite the potential infringer to engage in discussions regarding a possible license to one or more patents. But, the letter must be carefully crafted to avoid unintended consequences.

If the letter is too strong, it may be construed by the recipient as a threat of litigation. The unintended consequence could be that the recipient will race to file a declaratory judgment action (“DJ action”) in...
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