Sorting the claim
An IP defense starts with knowing exactly what is asserted, because each type of intellectual property follows its own rules. Patent claims turn on whether your product falls within specific claim language and whether the patent is valid. Trademark claims usually focus on likelihood of confusion and on who used the mark first. Copyright claims look at ownership and copying of protected expression, with fair use and licenses as common defenses. Trade secret claims ask whether the information was truly secret and how it was obtained. Some letters are carefully grounded; others are sent widely in hopes of quick licensing payments, and telling the two apart early saves money.
First moves after a letter or complaint
Resist both extremes: ignoring the letter and answering it the same day. Early statements about your product or what you knew can be used later. If a complaint has been served, the deadline to respond is short. Preserve product documents, design history, sourcing records, and communications about the accused product. Notify your insurers promptly; standard general liability policies typically exclude patent claims but may cover some trademark or copyright claims tied to advertising, and dedicated IP policies exist. Check supplier and customer contracts for indemnities, since the duty to defend may sit with someone else.
Options on the table
Strategy depends on the claim and your business goals. For patents, options include designing around the claims, challenging validity in court, and petitioning for review at the Patent Trial and Appeal Board, though the USPTO has discretion over whether to institute a review. A declaratory judgment action may let you choose the forum when a threat is concrete enough. Many disputes end in a license or a coexistence agreement. We start by assessing the strength of the claim and the cost of each path, then build the approach around keeping your product on the market. Bring the letter or complaint and details about the accused product.
