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  • calendar_month @ 1:00 p.m. ET./10:00 a.m. PT
  • card_travel Patent
  • schedule 60 minutes

Structuring Patent Indemnification Provisions

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About the Course

Introduction

This CLE course will prepare counsel to IP owners, licensees, and licensors to protect their interests by allocating patent infringement risks during the negotiation of indemnification provisions in a patent license or vendor contract. The panel will offer best practices for negotiating and structuring patent indemnification provisions to allocate risk.

Description

Indemnification provisions are often overlooked but are a critical part of any technology license or similar agreement. Drafting and negotiating indemnification provisions is crucial to protecting business interests and minimizing litigation costs.

Counsel to all parties must carefully consider the scope of liability covered by the indemnification obligation, liability triggers, and indemnification of third parties when negotiating the contract terms.

Listen as our authoritative panel of patent attorneys examines structuring patent indemnification provisions and what factors counsel should account for when negotiating and drafting indemnification clauses. The panel will offer best practices for negotiating and structuring patent indemnification provisions to allocate risk.

Credit Information

Date + Time

  • event

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Agreements in which such indemnification provisions are likely to appear

II. Common structures for indemnification provisions

III. Allocating infringement risk and distinguishing indemnification of patent claims from indemnification of other IP claims

IV. Best practices for negotiating and structuring patent indemnification provisions

The panel will review these and other noteworthy issues:

  • What should patent counsel consider when structuring indemnification provisions?
  • What carve-outs are market?
  • What should you do if your counterparty refuses to indemnify your client?
  • What approaches should counsel use to protect a client's interests when negotiating an indemnification provision?