First, orientation
What the papers actually mean
A patent complaint says someone believes a product or service you offer practices their patent, and they want money, an injunction, or a license. A demand letter says the same thing one step earlier. Neither is a finding of anything. Companies receive these every day, and most matters resolve well short of a verdict.
What the papers do start is a clock, and a set of legal obligations. The response deadline in federal court is generally 21 days from service, sometimes extended, always jurisdiction-specific. The obligation to preserve relevant documents begins immediately. Nothing about the situation calls for panic; all of it calls for order.
The first week
Six things worth doing now
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Calendar the deadline
Find the service date and put the response deadline where leadership can see it. Every early decision hangs off this date.
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Preserve documents
Suspend routine deletion for anything touching the accused product: email, design files, sales data. Courts take preservation seriously, and so should you.
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Call your insurance broker
Some policies cover IP defense, and late notice can forfeit coverage. Asking costs nothing.
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Quiet the internal commentary
Well-meaning emails speculating about the patent or the product become discovery exhibits. Route discussion through a small team until counsel is in place.
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Gather the basics
The patent numbers asserted, the accused products, how those products actually work, and who knows them best. Counsel's first week goes much faster when this is ready.
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Interview counsel deliberately
Run conflict checks early, then choose on substance. The questions below are a starting point.
Choosing counsel
Questions worth asking anyone you interview
Many companies hire counsel on reputation, hourly rate, or personality. Those matter. But patent cases are won on things that are harder to see in a pitch meeting, and these questions surface them:
- Can you understand our technology at the level it was built, or will you be relying on experts to translate?
- Will you read the asserted patent's full prosecution history yourself, and what have you found in one before?
- Can you explain the business implications of this case in language our board can use?
- How do you educate a judge or jury who has never seen this technology?
- How do you tell signal from noise, and what would you not spend our money on?
- How do you create leverage without letting cost spiral?
- How do you prepare for trial while keeping settlement paths open?
A lawyer with real answers to these will show you, with specifics from past matters, rather than assure you. The difference is audible.
If you want to talk
Legal engagements begin through Practus, LLP, where conflicts can be checked and the conversation protected properly.
Please read
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and obligations vary by court and case; consult counsel promptly about your specific situation, and do not send confidential information through this site.