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Party Disputes and Licensing: Litigation and Case Law Update for Licensing Lawyers; Indemnification

Recorded on: Mar. 8, 2017
Running Time: 01:32:21

Full Transcript:



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Taken from the Web Program Advanced Licensing Agreements 2017 recorded March, 2017 in New York.

Party Disputes and Licensing: Litigation and Case Law Update for Licensing Lawyers; Indemnification [01:32:21]

Litigation and Case Law Update for Licensing Lawyers

• 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

Speaker: Ira Jay Levy

Indemnification

Topics will vary by city, and may include:
• 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)
• What if the deliverable is intended for incorporation into a larger system?
• What if the deliverable is intended to be further modified?
• What if the deliverable is a design but the licensee makes the implementation choices?
• Tradeoffs vs. liability caps
• Litigation handoff when liability cap is exceeded

Speaker: Eleanor M. Yost

The purchase price of this segment includes the following article from the Course Handbook available online:

  • Litigation Issues for Licensing Lawyers
    Ira Jay Levy
  • 10 Questions to Ask About Your Patent Indemnification Provision
    Eleanor M. Yost
  • Indemnification (PowerPoint slides)
    Themi Anagnos

Presentation Material

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