Negotiating Patent Infringement Indemnification
$175
About the Course
Manufacturers and their suppliers are often confronted with the issue of patent infringement indemnification. Failure to consider a range of issues that could arise with respect to allegations of patent infringement at the outset of a business relationship can present ruinous liabilities for suppliers and end producers.
This webinar presents a thorough primer on negotiating patent infringement indemnification agreements and renders valuable advice on critical structural and strategic considerations.
Valuable advice is rendered relative to issues such as:
- •Indemnity caps
- •Liability periods
- •Exclusion of claims
- •Willful patent infringement
Among the other issues discussed during this session are:
- •What clauses trigger a “duty to defend”?
- •How can “prompt notice” requirements be construed?
- •What impact does a later determination of patent invalidity have after indemnities have been paid?
- •Who controls defense strategy, and how does financial strength affect that control?
- •How is settlement of patent infringement disputes determined between indemnifying and indemnified parties?
- •What priority do indemnity claims receive when the indemnifying party declares bankruptcy?
- •To what extent can the indemnifying party require acquisition of patents to countersue asserters?
- •What role does insurance play in patent infringement indemnification?
- •How receptive are end manufacturers to suppliers providing non-infringing substitutes?
Course Leader
Robert E. Krebs, Partner, Nixon Peabody
Robert Krebs focuses his practice on intellectual property litigation, patent prosecution, and patent portfolio analysis, with extensive experience in telecommunications, electronics, software, and medical device technologies.
He has previously served as both general counsel and patent counsel for technology subsidiaries of a Fortune 500 corporation and is a frequent speaker on patent litigation and software patent matters.
Robert has been recognized as one of California’s “Top Patent Lawyers,” named a “Top Patent Litigator” in Northern California, selected as a “Super Lawyer” for ten consecutive years, and listed in the IAM 250—A Guide to the World’s Leading IP Strategists.
Course Length
Approx. 1.0 hours
Pricing
$175 per user