Writing a threatening letter is one of life's greatest pleasures. There's lots of things to like about being a lawyer—the fame, the adoration of your fellows, the innumerable health benefits—but my very favorite is the writing of a good threatening letter. To curse the house of my enemies, yea unto the seventh generation, that centipedes may breed in their walls and wasps nest in their eaves.
Sometimes you have to make your own fun.
Normally a patentee has no trouble spitting just this sort of hellfire at alleged infringers, so it was interesting to see Judge Burke's order in InQuisient Inc. v. ServiceNow, Inc., C.A. No. 22-900-CHB (D. Del. Feb. 22, 2023) (Oral Order), where the plaintiff took a more reserved approach with unfortunate results.
Before filing suit, the plaintiff (according to the Complaint) sent letters to the defendant that didn't quite accuse them of infringement. Instead, the letters simply discussed the Plaintiff's IP and stated that the plaintiff lacked sufficient information to determine if defendant infringed. Plaintiff ultimately filed suit (Obvs) alleging indirect and willful infringement with the letters serving as notice of the infringement.
Judge Burke granted the defendant's motion to dismiss those claims, stating ...