In some instances in which a company finds itself in the cross-hairs of a patent infringement cease-and-desist letter or lawsuit, a license may not be a viable option. That is often the case when the patent holder is a competitor intent on enforcing a patent against its rivals. The first line of defense in such situations is to explore whether you have a solid argument of non-infringement based on the absence of an essential element of the patent’s independent claims. However even if an element is arguably missing, you still must consider whether your accused product or service might be found to infringe under the doctrine of equivalents.