pre-litigation

We have already spoken to the state department and commenced pre-litigation action.

Unredacted US embassy cables available online after WikiLeaks breach 2011

Federal patent licensing policy, which preempts state contract law, has created a situation where no pre-litigation patent licenses are final, leaving licensees free to avoid royalties at any time.

Study: Restricting Patent Challenges May Ease Royalty Inflation Peter Zura 2009

By the way clinic clients are supposed to be “indigent” and Tenenbaum purchased a $250,000 condo after rejecting a pre-litigation demand for $5250 and post-litigation demand for $12,000 to settle; Tenenbaum had claimed “financial hardship” and countered with$500.

The Volokh Conspiracy » More from the Copyright Wars: 2009

But not every demand letter that someone regards as baseless actually IS baseless, and it would be problematic to turn the cops into some kind of pre-litigation review board, analyzing whether a threatened lawsuit would be frivolous in order to determine if the threatener ought to be prosecuted?

The Volokh Conspiracy » Demanding Settlement for Clearly Baseless Lawsuit = Criminal Extortion: 2009

Consumerist points to a PDF of the "pre-litigation settlement letter" RIAA lawyers sent to college students accused of copyright infringement.

Boing Boing 2007

This is not a case where somebody arguably did suffer some actual injury, and he was offering the defendant a pre-litigation opportunity to settle.

The Volokh Conspiracy » Demanding Settlement for Clearly Baseless Lawsuit = Criminal Extortion: 2009

Federal patent licensing policy, which preempts state contract law, has created a situation where no pre-litigation patent licenses are final, leaving licensees free to avoid royalties at any time.

Archive 2009-04-01 Peter Zura 2009

The RIAA recently sent out 400 "pre-litigation settlement letters" to students accused of illegal downloading at 13 universities, and launched p2plawsuits. com, where the accused are invited to avoid lawsuits by turning themselves in and paying fines online.

Boing Boing 2007

- Universal claimed that a noninfringement opinion was obtained pre-litigation, but no written record existed to corroborate the findings, and no explanation could be given why no legal issues existed with the patent;

Archive 2008-11-01 Peter Zura 2008

- Universal claimed that a noninfringement opinion was obtained pre-litigation, but no written record existed to corroborate the findings, and no explanation could be given why no legal issues existed with the patent;

D. Del.: "Sustainable, Reasonable" Defenses Enough to Negate Willfulness Peter Zura 2008