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Mitchell M. Wong, of counsel at Morrison & Foerster, warns that issuing a cease-and-desist letter is risky for the patentee because the accused party could respond by suing the patentee in a declaratory action. Conversely, an accused party who acts on receipt of a cease-and-desist letter, and brings a declaratory action in an incorrect forum, finds itself with embarrassingly diminished bargaining strength.
June 22, 2007 at 12:00 AM
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