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Infringement Response Letter for a Patent Holder

Introduction
Background
Alleged Infringement
Analysis of the Alleged Infringement
Demand for Cease and Desist
Conclusion

Introduction

This letter is to formally respond to your allegations of patent infringement. We represent [Name of Company], the holder of Patent No. [Patent Number], and we are writing to address your claims that our product, [Name of Product], infringes upon your patent.

Background

Our company, [Name of Company], has been developing and manufacturing [Name of Product] for [Number] years. We have invested significant resources in research and development to create a product that is both innovative and commercially successful. We are confident that our product does not infringe upon any valid patent.

Alleged Infringement

You have alleged that our product, [Name of Product], infringes upon your patent, [Patent Number]. Specifically, you claim that [Describe the specific features of the product that you allege infringe upon your patent].

Analysis of the Alleged Infringement

We have carefully reviewed your patent and our product, and we believe that your allegations of infringement are unfounded. Our product does not infringe upon your patent for the following reasons:

Claim Construction: The claims of your patent are narrowly construed, and our product does not meet all of the elements of the claims. [Explain why the claims of the patent are narrowly construed and how your product does not meet all of the elements of the claims].
Prior Art: There is prior art that predates your patent, which discloses the features that you allege are infringed by our product. [Provide specific examples of prior art that predates your patent and discloses the features that you allege are infringed by our product].
Doctrine of Equivalents: The features of our product are not equivalent to the features claimed in your patent. [Explain why the features of your product are not equivalent to the features claimed in your patent].

Demand for Cease and Desist

We demand that you immediately cease and desist from making any further allegations of patent infringement against our company. We are prepared to take all necessary legal action to protect our rights.

Conclusion

We are confident that our product does not infringe upon your patent. We have a strong legal basis for our position, and we are prepared to defend our rights vigorously. We urge you to reconsider your allegations and to cease and desist from making any further claims of infringement.

Sources:

The Patents Act, 2016: This Act governs the issuance and enforcement of patents in Kenya.
The Industrial Property Act, 2001: This Act provides the legal framework for the protection of intellectual property rights in Kenya.
The Civil Procedure Act, 2010: This Act outlines the procedures for filing and resolving civil disputes in Kenya.

Note: This is a sample response letter and may not be suitable for all situations. It is important to consult with a qualified legal professional to ensure that your response letter is appropriate for your specific circumstances.