Patent Infringement Cease And Desist Letter Sample: Fill & Download for Free

How To Deal With a Douch Bully: This Is War!1-12-2016So, you must be making real money for them to do this. Welcome to business, Ayn Rand Style 101, or basically, whatever one can get away with. This is a douche bully move, a shake down.Now let me preface this by saying, I am not an attorney. You may need to see several immediately. Until further notice, cancel all vacations of essential personnel.You need to throw these assholes off balance. One never goes to war on the enemy’s terms. Pick up a copy of the “Art of War” currently on sale at Costco and always at Barns and Nobel and become familiar with its timeless advice. For it speaks to human nature, which never changes. That is why the book is still in print and has been for thousands of years.I take it you have received legal documents. At this point, one would think the element of surprise is not available as they expect something from you. You need to give them something they don’t expect, a metaphorical “horses head in the bed”.You say they started the relationship by offering you a product for sale, even a sample. Did you expressly refuse to sell the product, or just not respond? Either way it may not matter. Because they offered to sell you their product first, they did not start the relationship by sending a “cease and desist”. So this may be your saving grace.What you may have here is a possible criminal matter. Patent attorneys are not criminal attorneys. For this sounds like a mob move. “Do business with me or I will jack you up” sounds a bit like extortion. It is all in how it was presented.I would start out with a good, white collar criminal attorney, they usually do the first hour free, but even if you pay, the advice you get may save you tons of money. They would be able to tell you if there was anything that might stick. This is an important distinction. If there is a plausable doubt in a defense attorneys head, that there would be an outside chance that a prosecutor might be successful in just taking the case to pretrial and not having it thrown out, you may have some ammo, if they think there is enough evidence to seek discovery and file charges all the better. Also ask him if he thinks the DA might play ball.All that may be necessary is summons delivered to all the C Suite from the DA for questioning. Followed the next day by a letter served (pay to have it professionally served, better psych effect) from your attorney saying that after the criminal trial is done there will be major a civil suit to follow. This should serve to throw them off balance.Dig dirt on the entire C suite. Find the weakest link, get them to roll over on the CEO or anyone else they con criminal charges.Make sure to send the CEO a nice gift wrapped bar of Ivory soap the following day by currier, with a decorative warning label saying, “Caution, do not drop in shower” There is no corporate shield for criminal activity and because of the amount of money involved, extortion in this state (CA) is usually a felony. The penalties usually are two to four years in county jail and as high as a $10,000 fine.So get out all the Rolodexes, yours and those of your business associates and all the wives. We are looking at friends and family to see if there are any personal ties to a back door into the district attorneys office. Does the wife volunteer at the same place that the DA’s wife does? You get the picture. We are looking for people with strong relationships with any of the DA, the DAs staff , or old school buddies who know the person well who also have a tight relationship with anyone in the company or their family.Attorneys will need to see how things unfolded from the beginning. Immediately start a file and a log book. If there were phone conversations, reconstruct them as best possible. Gather the most robust paper trial you can arranged by timeline.Have a friend get a sample of their product and literature. Do a deep dive on the company, history of ownership, patents, just everything you can find on them. You may be fighting for your life, so pay attention to details.You also need to make a strategic projection different scenarios, Like what if you buy the product and sell it, how does that look on paper? What about the cost of an attorney or attorneys and so on? As this can be a major distraction pencil in that cost too. For you need to take the least expensive path.Lastly, this plan maybe completely bogus, on the other hand, you will never know unless you try. What you are trying to do is terrorize them to the point that they go after weaker prey. If it works, it will save you a ton of money and maybe the company.Good luck!