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Showing posts from August, 2017

Pre-Action Correspondence: What to do if you get a Stroppy Letter ....... or worse

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Jane Lambert

On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.

If you have carried out an IP audit you should have a strategy in place for just such a contingency and you will have an insurance funded legal team ready to advise and represent you.  If you have a case they should be able to see off the challenge with a well-reasoned and documented response. If, however, you are in the wrong they will advise you of that reality and suggest ways of extricating yourself from the dispute as quickly and cost-effectively as poss…

Pre-Action Correspondence - Not Just a Box to be ticked or a Hoop to be jumped through.

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Jane Lambert

Until the Civil Procedure Rules ("CPR") came into force in 1999 solicitors specializing in intellectual property law heralded litigation with an ultimatum called a letter before action. Written in haughty if not insulting terms and accompanied by a humiliating form of undertakings, they were intended to shock the recipient into submission. They rarely achieved the desired result. As often as not they were simply ignored.  Occasionally, they were answered by a defiant response.  As a result, a lot of actions were launched that could easily have been settled without recourse to litigation.

As I wrote in Dispute Resolutionall that was supposed to change with the introduction of Pre-Action Protocols and the Practice Direction-Pre-Action Conduct and Protocols:

"The objective of the Practice Direction and the Pre-Action Protocols is to enable the parties to identify the issues in dispute and, wherever possible, to resolve them through negotiation or some other fo…