Declaratory Judgment: How to Fight a Patent Infringement Claim When Stakes Are High
Patent Trademark Blog
MAY 15, 2024
The plaintiff (accused infringer) must be able to show that a controversy exists with the patent owner. For example, a patent owner sending a cease-and-desist letter or initiating an Amazon infringement report may be sufficient to cause a controversy. Second, the patent owner might not want to escalate the fight.
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