What should the offer make clear?
Identify the proposed patents, covered activity, parties, and next step. Separate a request for discussion from an assertion that infringement has already been adjudicated. A useful proposal should let the recipient understand what permission or release is being offered and what remains unresolved.
Does an offer provide actual notice?
It depends on its content. For section 287(a), Lubby Holdings v. Chung requires notice of the patent and the activity believed to infringe, accompanied by a proposal to stop that infringement, whether by license or otherwise. A general invitation to discuss a portfolio does not automatically establish those elements.
Can the recipient go to court first?
Under MedImmune v. Genentech, declaratory-judgment jurisdiction depends on the actual controversy shown by all the circumstances. Evaluate specific accusations and communications before sending them. A friendly tone or licensing label does not itself resolve that jurisdictional question.