Allocating Patent Infringement Risk in Contracts: Structuring Warranties, Limitations of Liability, Indemnities
Recording of a 90-minute premium CLE webinar with Q&A
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.
Outline
- Contract clauses to manage IP risk
- Warranties
- Limitation of liability
- Indemnification
- Interplay between risk management clauses
- Court interpretation
- Best practices for shifting IP risk
Benefits
The panel will review these and other noteworthy issues:
- What should patent counsel consider when structuring warranties and limitation of liability provisions?
- What is the interplay among indemnities, limitations of liability, and warranties?
- What approaches should counsel use to protect a client's interests when negotiating indemnification provisions?
Faculty
William (Ty) Giltinan
Shareholder
Carlton Fields
Mr. Giltinan is the intellectual property and technology practice group leader. He is a licensed patent attorney whose... | Read More
Mr. Giltinan is the intellectual property and technology practice group leader. He is a licensed patent attorney whose practice includes patent, trademark, and copyright litigation, prosecution, and transactional matters. While Mr. Giltinan works with clients in a variety of industries, his practice tends to focus on assisting technology companies in their efforts to protect, monetize, and defend their intellectual property assets. He also serves on the firm’s privacy and cybersecurity task force and assists clients in matters involving privacy and data breach issues.
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Eleanor M. Yost
Shareholder
Carlton Fields
Ms. Yost represents clients in a broad range of intellectual property matters, including patent and trademark, appeals,... | Read More
Ms. Yost represents clients in a broad range of intellectual property matters, including patent and trademark, appeals, opinions, licensing and transactions. She also litigates high-stakes intellectual property disputes in state and federal courts, the U.S. International Trade Commission (ITC) and the USPTO prosecution. Ms. Yost is the lead author of PTAB Post Grant Proceedings: A Tactical Guide for Practitioners and serves on the Board of Directors of the PTAB Bar Association.
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