The first reaction of a business receiving a shutdown and deduction letter is often desperate, especially when the letter accuses them of violating a software patent. They often do not know whether they have infringed the patent, especially if they are pursuing ancillary activities.
The first step is not to panic when responding to a disaster letter. These accusations usually do not make the business. Most can be solved quickly and reliably in a cheap way. You must approach the accusation as any other problem, with the attitude that a solid understanding of the facts and timely action can be solved.
The first fact to take into consideration is who suffers to sue. Many threats to litigation related to software inventions come from organizations that are sometimes called Trolls. Troll does not provide a product or service. Acquiring intellectual property, then acquiring licensing fees or damaging the infringement, comes from the often unsuspecting infringers.
If a troll threatens to sue itself, its purpose is to minimize its own pre-costs and to make quick profits at its own expense. You don't want to lose the huge cost of the software patent litigation if you lose and patent it. He doesn't care to intervene in his business. He just wants a quick account and a check.
If a competitor threatens to sue, there is a bigger problem. The competitor wants to leave a particular business. However, as a troll, the competitor wants to avoid the costs and risks of negotiating. Nearly half of all patents become invalid, so your competitor is likely to avoid this risk.
It is also important to look at why you received the unblocking letter. Often there will be nothing to do with you. The ultimate goal of the sender may be to set a precedent after reaching a larger, more important goal. Your accuser is very positive and can commit to you as a precondition for larger fish.
After evaluating the motivations behind the disaster relief letters, it is time to draw attention to the patent accused of the infringement. Even if you are not a lawyer, there are a few simple things you can do to evaluate the strength of the other side. One is the date of the patent. If issued before 2007, there is a strong chance that it will be invalid in court. Prior to 2007, less stringent requirements were applied to the testing and licensing of applications. However, if the dispute is brought to court, the new, stricter standards apply, and there is a good chance that the software patent will become invalid.
You can also find out how valuable your invention is to blame for the invention before filing. Patent examiners have a very limited time to determine whether an invention is new and often lack the evidence that it is not novel. If you find examples of the invention or key elements of the invention that occur before the application is submitted, you have a high chance of judging if you sue.
After the opponent's assessment, motivation, and the invention accused of the violation, there are tools available to decide how to respond to the termination letter. With the convincing conviction of the facts, you will often find that the other party is happy to arrange for permission to sign up. They need to make the agreement confidential, so they can use it as leverage to make money from someone who is not so well informed. However, you can handle the problem quickly and cheaply.