Definition
A demand letter, or cease and desist letter, is a written notice asserting that a party is infringing a patent and demanding that it stop or take a license.
Why It Matters Legally
A demand letter often starts a dispute and creates actual notice, which can support willfulness and damages claims. How a recipient responds can shape the entire course of any later litigation.
Example Use Case
A company receives a demand letter alleging infringement, prompting it to seek a legal opinion before deciding whether to settle, license, or fight.
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Related Terms
Patent Infringement, Willful Infringement, Patent Litigation, Patent Troll, Opinion of Counsel