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The Cease and Desist Letter is a document that is used to address patent infringement. The document begins with a brief introduction, stating that the company is the rightful owner of a registered patent and that the recipient's company has been promoting a product that is covered by at least one claim of the patent. The document emphasizes the importance of intellectual property rights and the company's commitment to protecting its patent.
The letter then provides specific instructions for the recipient to immediately cease and desist the use of the patent and all related infringing activities. The recipient is required to stop promoting and marketing the infringing product, provide an accounting of all infringing products made, used, sold, offered for sale, or imported, and take necessary actions to comply with the cease and desist demand.
The document warns the recipient about the potential legal consequences of non-compliance, including preliminary and permanent injunctions, monetary damages, reimbursement of lawyer's fees, and damages to the company's goodwill. It emphasizes that failure to comply with the demand will result in immediate legal action.
The letter concludes by stating that the company will closely monitor the recipient's use of the infringing patent and take appropriate legal action if the infringement persists. The recipient is requested to acknowledge the letter and confirm the cease and desist action within seven days.
Overall, the Cease and Desist Letter is a crucial document for addressing patent infringement, protecting intellectual property rights, and warning the recipient about the potential legal consequences of non-compliance.
1. Cease and desist all promotion and marketing of the infringing product, including on the company's website.
2. Provide an accounting of all infringing products made, used, sold, offered for sale, or imported into countries.
3. Take immediate actions to comply with the cease and desist demand.
4. Understand the potential legal consequences of non-compliance, including preliminary and permanent injunctions, monetary damages, reimbursement of lawyer's fees, and damages to the company's goodwill.
5. Acknowledge the letter and confirm the cease and desist action within seven days.
6. Be aware that failure to comply with the demand will result in immediate legal action.
7. Understand that the company will closely monitor the recipient's use of the infringing patent and take appropriate legal action if the infringement persists.
8. Contact the sender of the letter if there are any questions or concerns.