You received a letter accusing you of patent infringement, or worse, a federal lawsuit. Do not ignore it, and do not panic — but act quickly, because federal deadlines run from the day you are served.
If you have been sued, you generally have 21 days after service to answer the complaint in federal court. Missing that deadline risks a default judgment.
Three steps come first. First, preserve everything: do not delete emails, designs, or sales records, even if they look bad — destroying evidence can hurt your case more than the evidence itself. Second, do not discuss the case in writing with anyone except your lawyer, and do not admit anything to the patent owner. Third, get a patent litigator involved early: many patents are weaker than their demand letters suggest, and the case often turns on what the patent’s claims actually cover or on prior art that invalidates them.
Many cases settle, and some are won before trial. But none of that happens if you ignore the letter or miss the deadline.
Attorney Lei Jiang is a licensed patent attorney who has successfully prosecuted many patent applications before the U.S. Patent and Trademark Office, so she reads patent claims and prior art the way the other side’s experts do.
What this means for you: an infringement accusation is serious, but it is not a verdict. Preserve your documents, watch the deadline, and get advice before you respond.
Questions? Contact us at info@leijianglaw.com or (440) 835-2271, or book a free 15-minute call: https://calendly.com/leijianglaw-info/15-minute-consultation
This page is general information, not legal advice for a specific situation.