What do your lawyers tell you about email? Don’t write bad emails, right?
Here’s a bad email:
“OMG we totally infringe this patent.”
And the response:
“Hey guys, the lawyers told us not to discuss patents on email. Let’s take this discussion offline.”
So now it looks like discussion, offline, about how much they infringe the patent. And that’s probably not what happens.
It’s fine to email. The mistake is speculating and exaggerating in email.
The truth is the author has no idea if they infringe the patent. They are expressing a fear. Infringement is a legal analysis and almost always requires a full technical investigation.
Email is fine. But don’t fucking speculate. Don’t panic. State the facts and loop in your lawyer.