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Acacia jumping the gun.. Let's cool their jets >>
The letters you are receiving say that you ARE infringing, however, in that there is an ongoing case, it is up to the judge/jury to decide whether you are or not, and not Acacia.
As with a similar case, linked from another board.. should they decide to sue you, just petition the court for a stay until such time as the ongoing, identical case has reached its verdict.
Such petitions are not uncommon when there is a current, identical case ongoing which involves the same plaintiff.
Your answer to their letter could reflect your intentions to do just that..
It's always your choice as to how you approach the matter, but I would talk with an attorney and check into it
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