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Cease and Desist letter

Smith Hopen Intellectual Property Term Glossary Definition for Cease and Desist letter
A letter written by a patent owner to an accused infringer, directing the accused infringer to stop making, using, selling, or offering to sell the patented invention. The cease and desist letter may include an offer of a license under the patent but the patent owner is under no affirmative obligation to offer a license. Caution: Sending a cease and desist letter entitles the recipient of the letter (the accused infringer) to file suit in its local federal court to determine whether or not an infringement has occurred. See Declaratory Judgment lawsuit.


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