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Even if they’ve never faced a patent infringement lawsuit filed in federal district court, virtually every inside counsel has had to deal with a letter containing notice of alleged patent infringement. Whether it’s the technology your company sells or the commonplace functionality of your company’s website, a variety of activities serve to create exposure to allegations of patent infringement. Although strong doubts may exist about the validity of the claimed patent, the costs and the uncertainty that go into proving that invalidity before a jury remain daunting.
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