Read Frank West's article entitled "Federal Circuit protects infringement demand letters as free speech)", as published in the March 17, 2023 edition of IAM. The First Amendment of the U.S. Constitution protects free speech in the context of licensing and other demand letters unless made in bad faith – a high standard that is difficult to meet under federal law. Defendants may have better success using state law abusive patent assertions acts which may place greater disclosure requirements for demand letters and broader definitions of what may constitute bad faith than federal law. Read more here.
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