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Attacking the Customer: Coercing Patent Infringers While Avoiding Exposure to DJ Actions

To avoid declaratory judgment actions, patent holders may opt to sue or threaten the purchasers of an allegedly infringing product, without threatening suit against the manufacturer. In effect, the patent holder coerces the manufacturing company to give up the right to manufacture or distribute the accused product by scaring off its customers. At what point does this activity create grounds for a declaratory judgment action by the manufacturer?

18 minute read December 23, 2008 at 09:19 AM
By
Patrick Fay and Aaron Marx
Attacking the Customer: Coercing Patent Infringers While Avoiding Exposure to DJ Actions

To avoid declaratory judgment actions, patent holders may opt to sue or threaten the purchasers of an allegedly infringing product, without threatening suit against the manufacturer.

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