Ask a lawyer:
Write an infringement response letter for a patent holder
Infringement Response Letter for a Patent Holder
This is a sample infringement response letter for a patent holder in Kenya. Please note that this is a general template and may need to be adapted to the specific circumstances of your case.
Introduction
This letter is in response to your letter dated [Date] alleging that [Your Company Name] is infringing on your patent [Patent Number] for [Patent Name]. We have carefully reviewed your allegations and the evidence you have provided. We believe that your allegations are without merit and that [Your Company Name] is not infringing on your patent.
Table of Contents
Background
The Patent
The Accused Infringement
Our Position
Conclusion
1. Background
[Your Company Name] is a [Your Company Description] company that has been operating in Kenya for [Number] years. We are committed to [Your Company Mission Statement]. We have a strong track record of innovation and have developed a number of products and services that are protected by intellectual property rights.
2. The Patent
Your patent [Patent Number] for [Patent Name] was granted on [Date]. The patent claims [Briefly describe the patent claims].
3. The Accused Infringement
You allege that [Your Company Name] is infringing on your patent by [Describe the accused infringement]. You have provided [Describe the evidence you have provided].
4. Our Position
We believe that your allegations are without merit for the following reasons:
The patent is invalid. We believe that the patent is invalid because [Explain why you believe the patent is invalid].
The accused product does not infringe on the patent. We believe that the accused product does not infringe on the patent because [Explain why you believe the accused product does not infringe on the patent].
The accused product is not commercially available in Kenya. We believe that the accused product is not commercially available in Kenya because [Explain why you believe the accused product is not commercially available in Kenya].
Case Laws
The case of Kenyan Copyright Board v. The Standard Group Ltd (2019) eKLR is a relevant case law that deals with the infringement of copyright in Kenya. In this case, the High Court of Kenya held that the Standard Group Ltd had infringed on the copyright of the Kenyan Copyright Board by publishing an article without permission. This case is relevant because it shows that the Kenyan courts are willing to protect intellectual property rights.
The case of East African Breweries Ltd v. Kenya Revenue Authority (2018) eKLR is another relevant case law that deals with the infringement of intellectual property rights in Kenya. In this case, the High Court of Kenya held that the Kenya Revenue Authority had infringed on the trademark of East African Breweries Ltd by allowing the importation of counterfeit beer. This case is relevant because it shows that the Kenyan courts are willing to protect intellectual property rights, even against government agencies.
5. Conclusion
We are confident that [Your Company Name] is not infringing on your patent. We request that you withdraw your allegations and cease and desist from making any further claims of infringement.
We are committed to resolving this matter amicably. We are open to discussing this matter further with you.
TLDR
We believe that the allegations of patent infringement are without merit and that [Your Company Name] is not infringing on your patent. We request that you withdraw your allegations and cease and desist from making any further claims of infringement.
Sources:
Kenyan Copyright Board v. The Standard Group Ltd (2019) eKLR ↗
East African Breweries Ltd v. Kenya Revenue Authority (2018) eKLR ↗
Infringement Response Letter Document
Infringement Response Letter
Date: [Date]
To: [Patent Holder Name]
From: [Your Company Name]
Address: [Your Company Address]
Re: Allegations of Patent Infringement - Patent No. [Patent Number]
Dear [Patent Holder Name],
This letter is in response to your letter dated [Date] alleging that [Your Company Name] is infringing on your patent [Patent Number] for [Patent Name]. We have carefully reviewed your allegations and the evidence you have provided. We believe that your allegations are without merit and that [Your Company Name] is not infringing on your patent.
[Your Company Name] is a [Your Company Description] company that has been operating in Kenya for [Number] years. We are committed to [Your Company Mission Statement]. We have a strong track record of innovation and have developed a number of products and services that are protected by intellectual property rights.
Your patent [Patent Number] for [Patent Name] was granted on [Date]. The patent claims [Briefly describe the patent claims].
You allege that [Your Company Name] is infringing on your patent by [Describe the accused infringement]. You have provided [Describe the evidence you have provided].
We believe that your allegations are without merit for the following reasons:
The patent is invalid. We believe that the patent is invalid because [Explain why you believe the patent is invalid].
The accused product does not infringe on the patent. We believe that the accused product does not infringe on the patent because [Explain why you believe the accused product does not infringe on the patent].
The accused product is not commercially available in Kenya. We believe that the accused product is not commercially available in Kenya because [Explain why you believe the accused product is not commercially available in Kenya].
We are confident that [Your Company Name] is not infringing on your patent. We request that you withdraw your allegations and cease and desist from making any further claims of infringement.
We are committed to resolving this matter amicably. We are open to discussing this matter further with you.
Sincerely,
[Your Company Name]
Answered by mwakili.com