Intellectual Property Law

New Matter FALL 2023, VOLUME 48, EDITION 3

THE LICENSING CORNER

Sean Hogle

Rooney Nimmo PC

THIRD PARTY IPR INFRINGEMENT ADDITIONAL REMEDIES CLAUSE

In software, technology and other intellectual property license agreements, the parties frequently negotiate the terms of an infringement indemnification or defense of claims clause. The licensor, seller, provider, or developer of technology, SaaS, or technical services (for ease of reference, "seller"), promises that if the licensee, buyer, or user ("buyer") becomes the defendant in a lawsuit, claiming that the buyer’s use of the seller’s technology is infringing, the seller will step in and indemnify and/or defend the buyer against that claim.

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