New post: How patent-infringement warranties are like hurricane insurance

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1. Providing a warranty of no patent infringement is like giving a hurricane-insurance policy I’ve been helping a software company to negotiate a license agreement under which a Very Large Company customer would use my client’s software. The cus­tomer,...
2. Drafting tip: Check the other side’s insurance policy for exclusions Suppose that in a contract for services, the contract includes a requirement that the provider maintain insurance. The customer should seriously consider: requiring the provider to furnish...
3. Patent-infringement warranties should be negotiated very cautiously A patent-infringement warranty in a contract can be a decidedly non-trivial matter, because: You can infringe a patent * without knowing it, indeed without even...
4. Professional-liability insurance policy doesn’t cover patent infringement, says Penn. appeals court “For two reasons, we reverse and direct that judgment be entered in [insurance company] Caliber’s favor. “First, because we find that a patent infringement action...