Editing Declaratory judgment (section)

==Cease and desist==
The filing of a declaratory judgment [[lawsuit]] can follow the sending by one party of a [[cease and desist|cease-and-desist]] letter to another party.<ref>{{Cite web |url=http://home.comcast.net/~jlw28129/05Harvey-Appel.pdf |title= |website= |archive-url=https://web.archive.org/web/20080515150138/http://home.comcast.net/~jlw28129/05Harvey-Appel.pdf |archive-date=15 May 2008 |url-status=dead}}</ref>  A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own [[jurisdiction]], or sue for minor damages in the law of unjustified threats.<ref name="cd1">{{cite web |url=http://www.houstoninternetlaw.com/Cease%20and%20Desist.html |title=Cease and Desist Letter |access-date=October 21, 2011 |archive-url=https://web.archive.org/web/20110820171039/http://www.houstoninternetlaw.com/Cease%20and%20Desist.html |archive-date=August 20, 2011 |url-status=dead }}</ref><ref name="cd2">{{cite web|url=https://ocpatentlawyer.com/cease-and-desist-letters/|title=Cease and Desist letter|date=January 6, 2010|website=Patent Attorney &#124; Orange County &#124; OC Patent Lawyer}}</ref><ref>{{cite web|url=https://www.law.com/legaltechnews/?id=1202492338347|title=Legaltech News|website=Legaltech News}}</ref> This may require the sender to appear in a distant court, at their own expense.  So sending a cease-and-desist letter presents a dilemma to the sender, as it would be desirable to be able to address the issues at hand in a candid manner without the need for litigation. Upon receiving a cease-and-desist letter, the recipient may seek a tactical advantage by instituting declaratory-judgment litigation in a more favorable jurisdiction.<ref name="cd1"/><ref name="cd2"/>

Sometimes the parties agree in advance of discussions that no declaratory-judgment lawsuit will be filed while the negotiations are continuing.  Sometimes a lawsuit is filed, but not served, before sending such a notice, to preserve a jurisdiction advantage without engaging the judicial process fully. Some parties send cease-and-desist letters that make "an oblique suggestion of possible infringement" to lower the risk of the recipient filing a declaratory-judgment lawsuit.<ref>{{cite web|url=http://library.findlaw.com/2003/Oct/31/133125.html |title=Patent Law: "Reasonable Apprehension" After Receipt of Cease-and-Desist Letter Grounds for Declaratory Judgment Action |publisher=Library.findlaw.com |access-date=2012-06-13}}</ref>