Intellectual property infringement Indemnity

Modern Patent Infringement Indemnification and Allocating Risks  November 13, 2012 – 07:32 pm
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In the Age of the Trolls, modern patent indemnifications should allocate risks with troll suits in mind. In particular, an indemnification should answer the following questions:

1) Who will pay the attorneys fees and court costs?

2) When will the obligation to pay attorneys fees and court costs begin?

3) Who will be responsible for paying any settlement amount?

These liabilities should be treated separately and shouldn’t be lumped together with any actual liabilities that may arise from infringement, such as past damages, enhanced damages and forward-going royalties. Also, the indemnification should spell out procedures in the event the patentee obtains a preliminary or permanent injunction.

Source: Morris & Kamlay

ExecSense Infringement Indemnity Provisions for Software Licensing
eBooks (ExecSense)

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Thank you part one

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