Allocating Patent Infringement Risk in Contracts: Structuring Warranties, Limitations of Liability, Indemnities

This CLE course will prepare counsel to patent owners, licensees, and licensors to protect their interests by allocating infringement risks during negotiations of warranties, limitation of liability, and indemnification provisions in patent contracts. The panel will offer best practices for negotiating and structuring provisions to allocate risk.

In many agreements, the parties use or license the other party's intellectual property, or one party uses or licenses its IP for the other party's benefit. However, such use comes with some risks, including infringement claims and disputes over ownership. To manage the potential risks, counsel must include critical contract provisions to shift and mitigate this risk.

Several contract clauses can manage and shift IP risk. However, the interplay between critical provisions, such as the warranty, limitation of liability, and indemnification clauses, often are points of contention in contract negotiations.

Listen as our authoritative panel of patent attorneys examines the interplay of the warranty, limitation of liability, and indemnification clauses in contracts involving patents. The panel will highlight case law in which courts have interpreted the issues presented and will provide best practices to protect clients' interests.