March 22, 1982
Mr. W. N. Macartney, President
INDIUM CORPORATION OF AMERICA
Box 269, 1676 Lincoln Avenue
Utica, NY 13503
Dear Mr. Macartney:
On February 22, 1982 I wrote to you and advised of Semi-Alloys, Inc.’s ownership of U.S. Patent Numbers 3,823,468; 3,874,549; and 3,946,190.
In our view the enclosed literature that we obtained describing your hermetic sealing of semiconductor packages indicates that those semiconductor packages fall within the scope of one or more of the above-identified patents. We restate that it is our position that a license agreement would be in the best interests of both parties. Accordingly, the offer of a license remains open.
Please contact us regarding this offer of a license.
Yours very truly,
Samuel W. Levine
The phrase “fall within the scope of the patents” may seem like an unambiguous accusation of infringement. In fact, some pre-MedImmune case law indicated that it is not an express accusation of infringement, so that the existence of declaratory judgment jurisdiction based upon such a letter was ambiguous. However, the MedImmune decision made it substantially easier for a person who received such a letter to seek a declaratory judgment action.