transcript   Transcript

Party Disputes

Recorded on: Mar. 8, 2018
Running Time: 01:35:49

Full Transcript:

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Taken from the Web Program Advanced Licensing Agreements 2018 held March 2018 in New York

Party Disputes [01:35:48]

Litigation and Case Law Update for Licensing Lawyers (60 mins)

  • Strategic drafting considerations to account for litigation risks
  • Pitfalls, and examples, of sloppy wording
  • Impact of recent cases on drafting and negotiating
  • Arbitration and other dispute resolution considerations
  • Case law update 

Ira Jay Levy

Indemnification (30 mins)

Topics will vary by city, and may include:

  • Analyze overlaps/differences between R&W and indemnification
  • Is “hold harmless” broader than “indemnify”?
  • How patent guarantees are riskier than non-patent guarantees
  • Carve outs (e.g., modifications, combinations or decisions by the licensee)
    o What if the deliverable is intended for incorporation into a larger system?
    o What if the deliverable is intended to be further modified?
    o What if the deliverable is a design but the licensee makes the implementation choices?
  • Comparing tradeoffs vs. liability caps
  • Managing litigation handoff when liability cap is exceeded

Eleanor M. Yost

The purchase price of this Web Program segment includes the following articles from the Course Handbook available online:
  • 10 Questions to Ask About Your Patent Indemnification Provision
    Eleanor M. Yost
  • Advanced Licensing Agreements—Indemnification (PowerPoint slides)
    Themi Anagnos

Presentation Material

  • Litigation and Case Law Issues For Licensing Attorneys
    Ira Jay Levy
  • Negotiating and Enforcing Complex IP Indemnification Provisions
    Eleanor M. Yost
Ira Jay Levy ~ Goodwin Procter LLP
Eleanor M. Yost ~ Carlton Fields Jorden Burt LLP
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