What does the patent statute prohibit?
Section 271(a) addresses making, using, offering to sell, selling, or importing the patented invention without authority in the circumstances it specifies. The demand letter's conclusion does not replace the infringement analysis. Ask which claims are asserted and how they are said to cover the actual product.
What if there is a court order?
Read the signed order immediately. Rule 65(d) requires a federal injunction to specify the restrained conduct and addresses who is bound. Section 283 authorizes patent injunctions under equitable principles. Do not treat a disagreement with the infringement theory as permission to ignore an operative order.
Is a permanent injunction inevitable if infringement is found?
No. eBay Inc. v. MercExchange, L.L.C. requires the traditional four-factor inquiry, including irreparable injury and inadequacy of legal remedies. The result depends on the evidence and equitable analysis.
How should I make the sales decision?
Compare the merits, potential exposure, availability of a license or redesign, inventory commitments, and any platform restriction with counsel. A demand, a platform notice, and a court injunction should each be evaluated on their own terms.