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Warn Potential Patent Infringers: But Do Your Homework First

By Michael M. Murray and Michael D. Kurzer
March 31, 2009

Part One of a Two-Part Article

Patent owners generally understand the benefits to be realized from sending notice letters out to potential infringers. Such notice may increase damages that can be collected down the road in the event of litigation, both by increasing the period of time for which damages can be obtained, and by subjecting the infringer to a claim for increased damages if the infringement is willful. Notice also often brings the alleged infringer to the table to discuss a possible licensing arrangement, which can create revenue streams for the patent owner.

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