Notification and Legal Action Differences

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Notification and Legal Action Differences

We received a letter about a patent infringement, including a mention about FRE 408. They also filed with the Arizona court. Does this mean that the litigation process has begun or is it just a warning? Within the letter they mentioned that this is just a warning, but why would they file with the courts?

Asked on May 14, 2009 under Business Law, California

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

The question is whether you were served in hand by a marshal? Have you looked up the case on line or calld the court?  you may not have been served so there is not lawsuit actually pending.  This letter may be a warning as you suspect or the case may be pending.  What you need to dois confirm if the case is pending.  Patent infringment cases are often complicate and expensive.  I would hire  a lawyer to make sure you are not surpised in court.


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