Data Shows Most SEP Holders Send Pre-Suit Demand Letters - For Good Reason

By Aaron Fahrenkrog, Benjamen Linden, and Navin Ramalingam

December 28, 2023

In this IAM article, Aaron Fahrenkrog, Benjamen Linden and Navin Ramalingam evaluate the current significance of pre-suit notice communications and offers to license in U.S. patent litigation, including for SEPs. They also discuss proactive steps that patent owners can take to establish their rights to pursue indirect infringement and wilfulness claims and protect against defences asserting breach of fair, reasonable, and non­discriminatory (FRAND or RAND) terms for SEPs.

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