Sample Utility Patent Demand Letters
Sample 1: Hardware/Device Patent Demand
[Patent Owner / Law Firm]
[Address]
[Email / Phone]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Defendant Company]
[Address]
Attn: General Counsel
Re: Infringement of U.S. Patent No. [X,XXX,XXX] – [Accused Product]
Dear [Recipient]:
We represent [Patent Owner], owner of United States Patent No. [X,XXX,XXX] (the "'XXX Patent"), entitled "[Title of Invention]." A copy of the patent is enclosed.
THE PATENT
The 'XXX Patent was issued on [Date] and covers [brief description of technology—e.g., "a novel wireless charging system with improved efficiency through optimized coil geometry"]. [Patent Owner] spent years developing this technology and holds [X] related patents in this field.
INFRINGEMENT
We have analyzed [Defendant]'s [Product Name] and determined it infringes at least claims 1, 5, and 12 of the 'XXX Patent.
Attached as Exhibit A is a claim chart demonstrating how the [Product Name] practices each element of independent claim 1. In summary:
• The [Product] includes [claim element 1 summary]
• The [Product] contains [claim element 2 summary]
• The [Product] performs [claim element 3 summary]
Our analysis is based on review of [Defendant]'s product documentation, a teardown analysis of a [Product] unit purchased on [Date] from [retailer], and testing of its functionality.
Claims 5 and 12, which depend from claim 1, are also infringed because the [Product] additionally includes [features corresponding to dependent claim limitations].
LEGAL CONSEQUENCES
This letter provides [Defendant] with actual notice of the 'XXX Patent. Continued manufacture and sale of the [Product] after this notice may constitute willful infringement, exposing [Defendant] to:
• Compensatory damages (lost profits or reasonable royalty) under 35 U.S.C. § 284
• Enhanced damages up to 3x for willful infringement
• Attorney fees in this exceptional case (35 U.S.C. § 285)
• Injunctive relief (35 U.S.C. § 283)
DEMAND
[Patent Owner] demands that [Defendant]:
1. Immediately cease manufacture, sale, offer for sale, and importation of the [Product] and any other products infringing the 'XXX Patent;
2. Provide a complete accounting of [Product] units manufactured, sold, and in inventory, and all revenue and profits derived therefrom;
3. Contact undersigned within twenty-one (21) days to discuss resolution, including potential licensing.
We are prepared to discuss a licensing arrangement that would permit [Defendant] to continue sales of a modified, licensed product. However, if we do not receive a substantive response within the deadline, [Patent Owner] will pursue all available remedies without further notice.
Please direct all communications to the undersigned.
Sincerely,
[Attorney Name]
Counsel for [Patent Owner]
Enclosures:
- U.S. Patent No. X,XXX,XXX
- Exhibit A: Claim Chart
Sample 2: Method/Software Patent Demand
[Patent Owner]
[Address]
[Email / Phone]
[Date]
[Defendant Company]
[Address]
Attn: Legal Department
Re: Infringement of U.S. Patent No. [X,XXX,XXX] – [Software Product/Service]
Dear [Recipient]:
[Patent Owner] owns U.S. Patent No. [X,XXX,XXX] (the "'XXX Patent"), covering [description of method/process—e.g., "methods for real-time language translation using neural network models"]. The patent is valid and enforceable.
BACKGROUND
The 'XXX Patent claims a novel [method/process] that [describe the innovation]. [Patent Owner] developed this technology through [years of R&D / significant investment] and the patent has survived [IPR challenge / reexamination / note if applicable].
INFRINGEMENT ANALYSIS
[Defendant]'s [Product/Service Name] infringes method claim [X] of the 'XXX Patent. Based on our review of [Defendant]'s public documentation, API specifications, and testing of the service, the [Product/Service]:
Step 1: [How product performs claimed step 1]
Step 2: [How product performs claimed step 2]
Step 3: [How product performs claimed step 3]
Step 4: [How product performs claimed step 4]
A detailed claim chart is available upon request. We are confident that discovery would confirm our infringement analysis based on [Defendant]'s internal source code and architecture.
In addition, [Defendant] induces infringement by its customers under 35 U.S.C. § 271(b). [Defendant]'s user documentation and tutorials instruct customers to use the [Product/Service] in a manner that performs the claimed method.
NOTICE AND WILLFULNESS
This letter constitutes actual notice of the 'XXX Patent and [Defendant]'s infringement. Continued operation of the [Product/Service] after receipt of this letter will be deemed willful, subject to enhanced damages up to three times compensatory damages under Halo v. Pulse.
PROPOSED RESOLUTION
We propose a meeting within the next 30 days to:
1. Present our complete infringement analysis
2. Discuss [Defendant]'s position on validity and infringement
3. Explore licensing terms
[Patent Owner] has licensed this technology to [X] companies at commercially reasonable rates. A license would allow [Defendant] to continue its business while fairly compensating [Patent Owner] for use of its innovation.
Alternatively, if [Defendant] believes it does not infringe or that the patent is invalid, please provide your analysis so we can evaluate before proceeding.
Please respond by [Date – 21 days] to arrange a meeting or provide a substantive response.
Sincerely,
[Name]
[Title]
[Contact]
Enclosure: U.S. Patent No. X,XXX,XXX
Sample 3: Manufacturing Process Patent Demand
[Patent Owner / Law Firm]
[Address]
[Date]
VIA CERTIFIED MAIL
[Defendant Company]
[Address]
Attn: President / General Counsel
Re: Infringement of U.S. Patent No. [X,XXX,XXX] – Manufacturing Process
Dear [Recipient]:
We represent [Patent Owner], owner of U.S. Patent No. [X,XXX,XXX] covering [manufacturing process description]. We have reason to believe [Defendant] is using a process that infringes this patent to manufacture [Product].
THE PATENTED PROCESS
The 'XXX Patent claims an improved method of [manufacturing process] that achieves [benefits—e.g., "30% reduction in material waste while improving tensile strength"]. This process was developed over [X] years at a cost of $[X] million.
EVIDENCE OF INFRINGEMENT
Based on our investigation, we believe [Defendant] practices the claimed process:
• [Defendant]'s products exhibit characteristics consistent with use of the patented process, including [specific observable features]
• Industry sources indicate [Defendant] implemented a new manufacturing line in [Year] consistent with our patented approach
• [Defendant]'s job postings and publications reference [terminology/techniques] described in our patent
• Testing of [Defendant]'s finished products reveals [characteristics indicating use of claimed process]
Under 35 U.S.C. § 295, if a patented process is used to make a new product, and there is a substantial likelihood the product was made by the patented process and the patent owner cannot determine the actual process used after reasonable efforts, the product is presumed to have been made by the patented process.
DEMAND
We demand:
1. Written confirmation of the manufacturing process used for [Product];
2. Cessation of any infringing process;
3. Discussion of licensing for past and future use.
We are prepared to enter into confidential discussions regarding your manufacturing methods and to negotiate a reasonable license if our patent is being used.
Please respond within twenty-one (21) days. Failure to respond will be interpreted as unwillingness to resolve this matter, and we will advise our client to pursue federal court litigation.
Sincerely,
[Attorney Name]
Counsel for [Patent Owner]