November 6, 2013
World Intellectual Property Review
According to a court document filed in advance of the company’s high-profile initial public offering, Twitter has been accused of patent infringement by IBM. Finnegan partner E. Robert Yoches provided commentary on the development, explaining that in order to start the damages period, parties will often send a letter, as IBM did, before starting litigation. “So even if you’re not ready to sue but you want the damages to start building, you have to put the other side on notice.” Yoches added that this strategy is not unusual for IBM. “They typically like to license and work things out ahead of time so this isn’t a surprise.”
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