Bilski v. Kappos: The Blockbuster That Was a Bust

If contacted by a patent holder with a “licensing” offer, which is often akin to being asked to buy insurance so that your store windows don’t get broken, such letters should not be ignored. If and when the patentee decides to file suit, the first defendants selected are often the companies that ignored the original licensing offer. It's far better to engage the patent holder, discover the basis (if any) of the infringement claim, and determine what the patent holder is really seeking.