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As an attorney I would like to point out one thing. It's not the lawyers that are driving this thing . . .or at least not good lawyers. A good lawyer does what the client tell him to do after hearing all of the pros and cons of several options. A good lawyer will always advise a business client to consider not only the legal issues but the business issues also - which include public perception/relations. If MTH decided that they wanted to just inform others of their patents etc in a non threatening way - the lawyer would draft something along the lines of "dear dcc folks - we are developing the following product with the following technology that we have patented. your product may or may not infringe upon our patents. if you feel that our patents are invalid or based on prior art, please contact us so that we may discuss this in an friendly atmosphere and hopefully reach a conclusion that is beneficial to all." Would this have caused the uproar? I don't think so. Of course the key is - that the lawyer - in a proper attorney-client relationship does what the client tells him/her to do. Again - if MTH"s came off as threatening and bullying - then it's because that's what the client, MTH, told the attorneys to do. I would never right a threatening letter for a client that wanted to enter into friendly discussion with a competitor. I feel that would be legal malpractice on my part. If it was the attorney's fault that the letter sent by MTH was threatening and that is not what MTH wanted - there is a simple solution - fire the attorney and hire one that works for what is best for his/her client.
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