律师函(专利侵权)(英文)
Demand Letter
Dear___________,
We represent _____A_______ generally and regarding patent matters in particular. Please direct to my attention any future communications regarding the issues covered in this letter.
________(“A”)is the owner of U.S. Patent No. _B_____ relating to ____ C ______. It has come to our attention that ______________(“D”) is offering ____C_________ identified as _______E_____.
Our investigation indicates that ___E____ is covered by claims 12 and 13 of the ___B_____ patent, and perhaps others. Consequently, we believe the use, sale, offering for sale, and importation of _____E__ in the U.S.A. constitutes infringement of the ____B____ patent.
On behalf of __A___, we hereby demand that __D___ immediately (1)cease and desist from selling, importing, using, and manufacturing ___E___ in the U.S.A.; (2)recall all ___E___ which are in the possession of distributors, retailers, agents and representatives in the U.S.A.; and (3) provide us with the number of ____E___ that have been sold or distributed for sale in the U.S.A. and when, where and by whom those sales took place.
If your have any basis to conclude that the __E__ do not infringe ___B__ patent, please provide your reasoning by May 18, 2009. Otherwise, within the same time period, we demand that you:
(1) provide your written assurance that __D__ has ceased all United States sales, advertising, manufacturing, and importation activities relating to ____E___.;
(2) provide an accounting of the number of sold in the United States;
(3) (3) inform us of the number of _____E__ in inventory as of the date of receipt of this letter;
(4) (4)provide your written assurance that no inventory will be advertised or sold in the United States or any country where ___A_______ has intellectual property rights covering ___ C _____; and
(5) If the are not manufactured by __D___ , inform us of the name and address of your supplier.
We look forward to your timely response.
Sincerely,
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