What to do if my patent is being infringed?
When you find yourself in this situation you will want to contact the infringer to get them to cease all infringing activity, demand damages resulting from the infringement, and/or offer a license for any further use. There are generally two ways to get the ball rolling. The most commonly selected option is to send the infringer a cease and desist (C&D) letter that puts them on notice of the infringement. C&D letters should be approached with extreme caution, however, as the letter may give the infringer standing to sue the patentee for a declaratory judgment as in the case between HP v. Acceleron. The second option is simply to sue the infringer. Patent litigation is expensive. Luckily, individual inventors and small businesses can turn to firms willing to work on a contingency fee.
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