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The Art of the IP Infringement Demand Letter

By Yuval H. Marcus and William R. Thornewell
May 27, 2010

Often the response to a demand letter alleging trademark, copyright or patent infringement is the filing of a lawsuit by the alleged infringer for declaratory judgment (“DJ”) of non-infringement. This article offers practical advice on language that can be included in a demand letter that may avoid giving rise to DJ jurisdiction. The article also discusses Federal Circuit precedent that creates a different standard in patent infringement actions.

The Declaratory Judgment Act

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