[nlh]

Excellent point. OP - have you actually been sued / physically served? Or did you just receive a letter threatening you with a suit?

Huge difference. Both require lawyers, but the former will cost more to respond to. The latter typically requires nothing more than an equally-strongly-worded letter right back at them to let them know you're not a pushover.

Remember - from the plaintiff's side - a letter costs a few $hundred. A filed suit costs a few $thousand. A fought suit costs $tens of thousands. A long-fought suit can costs $hundreds of thousands.