Structuring Patent Indemnification Provisions
Allocating Infringement Risk While Accounting for Changes to PTAB Estoppel and Statutory Bar Requirements
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will prepare counsel to IP owners, licensees and licensors to protect their interests by allocating patent infringement risks during negotiations 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.
- Agreements in which such indemnification provisions are likely to appear
- Common structures for indemnification provisions
- Allocating infringement risk, and distinguishing indemnification of patent claims from indemnification of other IP claims
- Indemnification and IPRs
- Best practices for negotiating and structuring patent indemnification provisions
The panel will review these and other key issues:
- What key considerations should patent counsel account for when structuring indemnification provisions?
- When does an indemnification clause create privity under the IPR statutes?
- What approaches should counsel use to protect a client’s interests when negotiating an indemnification provision?
Krupa K. Parikh
Ms. Parikh is a member of the firm’s Intellectual Property Group. She focuses her practice on Hatch-Waxman... | Read More
Ms. Parikh is a member of the firm’s Intellectual Property Group. She focuses her practice on Hatch-Waxman matters, inter partes review proceedings and patent prosecution matters in a wide range of technologies. Ms. Parikh is an editor for the firm’s Big Molecule Watch blog covering news and providing analysis in the biosimilars space. She also contributes to the firm's Digital Currency Perspectives blog, which chronicles industry news, including regulatory developments and other issues affecting clients and the digital currency industry.Close
Eleanor M. Yost
Ms. Yost focuses on protecting and enforcing intellectual property rights in state and federal courts, the U.S.... | Read More
Ms. Yost focuses on protecting and enforcing intellectual property rights in state and federal courts, the U.S. International Trade Commission, and the USPTO. She represents clients in a broad range of IP matters, including patent and trademark prosecution, litigation, appeals, opinions, licensing, and transactions. Ms. Yost is a frequent author and lecturer on PTAB post-grant proceedings issues, among others.Close