Quote:
Originally posted by FightThisPatent
You can't bring that letter to court unless they SUE you first.
Their letters are not threatening enough for you to go into court with your lawyer and ask for Declaratory Judgement...especially if you believe you are not infringing.
Since their letters will not be construed as threatening by any attorney, you can only respond to them and tell them that you don't believe you are infringing (try not use 4 letter words) and if they believe you are, then they can file court papers after Dec 1st, and then you can try to wave that letter in front of the judge.
At that point, you are spending some bucks on attorneys fees and that's when Acacia will probably ask you if you have had enough and wish to settle for an amount less then what you will end up paying in litigation expenses.
They are clearly taking advantage of Patent and Civil Law...and they are a bunch of lawyers...while i believe they don't know too much about patents and prior art, I can see that they do know the law and how to use it to their advantage.
Fight the Patent!
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bullshit. if someone sends me a letter, telling me i am doing something i am not, and demanding that i pay them money - i will take them to court, and i will win. it has nothing to do with patents or infringement, it has to do with threats & extortion.
the fact that these letters are sent out like spam to any and all names they can get their hands on, doesnt help their case. sending a letter to Mr Amputate Your Head or Mr Dawgy or whatever... thats just stupid on their part & they will pay for it in the end.