Avoid the "Meep Meep effect" in demand letters

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Avoid the "Meep Meep effect" in demand letters

Daniel Bond of Kirkland & Ellis, in a session on demand letters yesterday, gave some advice on "avoiding the Meep Meep effect." This turned out to be a reference to Wile E. Coyote's attempts to catch The Road Runner.

"Consider the Coyote," said Bond. "Is he just a cartoon villain or is he a cautionary tale? He never gets his man and often injures himself in the process. He is using the wrong tools in the wrong way."

So do not come on too strong when sending demand letters. Bond advised not letting a focus on your adversary blind you to risks, using the right tool for the right job, always being mindful of ways your letter can backfire, and approach each demand letter with fresh eyes.

He particularly noted the increasing risk of cease and desist shaming, where demand letters are posted on the Internet and attract bad publicity. "In the Internet age, nothing is private!" He added saying the letter is copyrighted or confidential will not work: "There is no case law supporting that argument."

In the same session, Woody Pollack of GrayRobinson gave an overview of states that have passed anti-patent enforcement laws. Vermont was the first state to do so, in 2013. "A wave of states followed Vermont's lead," he said. Now, 32 states have anti-patent enforcement laws (five of those came this year). "Of the 18 states left, only eight have not even tried, so I imagine others will be successful," said Pollack.

He said that 43% of the patent case filing from 2012-2015 was in states that now have anti-patent enforcement laws. Some 21 of the states allow both private actions and attorney general actions, seven only allow attorney general actions, and four only allow private causes of action. The states differ on how they assess a bad faith assertion of patent infringement: 21 states use factors while 11 use definitions. Pollack concluded that you should know the law of the state you're dealing with, identify the patent and owner, identify an accused product, preferably identify asserted claims, and be careful.

more from across site and SHARED ros bottom lb

More from across our site

The firm has tapped a local patent trio to establish a foothold in the market and broaden its national presence
New Asia-Pacific IP head Jonathan Chu is eyeing opportunities arising from Chinese technology licensing, overseas enforcement and increasingly IP-heavy cross-border deals
Europe’s largest intellectual property convention and trade fair is back: IP Service World 2026 takes place in Munich from November 23–25 – the 16th edition, with 1,400-plus attendees from 55-plus nations, 100-plus speakers, and 100-plus exhibitors. Three days. Two focused areas. One IP marketplace.
Mehmet Gün and Uğur Aktekin discuss four decades of change in Türkiye’s legal market, the firm’s commitment to independence and the challenge of building an institution that can outlast its founders
Boehringer Ingelheim has instructed a team from Kirkland, while Teva is being represented by Pinsent Masons
The Delhi High Court’s latest directions offer an opportunity to move beyond remedies against bad-faith registrations and address how suspicious applications are identified in the first place, says Fatima Baig at Lexlinc
Camilla Hamrin describes how the acquisition by Acapo Onsagers will impact Bergenstråhle’s trademark practice – and reflects on changes she has seen over 30 years in IP
On a recent trip to the French capital, we learned that the UPC is squeezing domestic litigation while firms are chasing senior talent, experimenting with AI and considering new ways of organising their practices
Daniel Law says a string of lateral hires and broader expansion plans will strengthen its position to capitalise on Brazil’s burgeoning IP and patent litigation market
Jason Raeburn’s arrival will expand the firm’s London footprint in AI, copyright and tech disputes
Gift this article