When a patent-notice letter lands on a general counsel’s desk, most wonder what to do next. Most GCs know they cannot ignore the letter, but it can be difficult to assess how to respond and how much due diligence to perform. But the letter itself — more specifically, the nature of the entity claiming to hold the patent — can help determine the appropriate response.

A patent-notice letter is a crucial step in allegations of patent infringement. In patent cases in the United States, a jury typically decides the amount of damages for patent infringement and whether such infringement is willful. If the jury finds the infringement willful, the court decides whether to increase the damages up to three times the jury award.

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