Technology & Science
May 18, 2010
Managing Risk in Technology Licensing
For technology licensors, the cost of determining whether the software, or some business method, infringes any issued patents is too high and results are very uncertain, writes Richard Neff of the Neff Law Firm.
In technology licensing, the most difficult jumble of contractual issues generally involves the relationship between indemnification and limitation of liability, particularly the question of patent indemnity. This is the "negative" lottery in technology contracts, a "loser pays all" provision if not drafted properly.
At the heart of this issue is the great unknown surrounding software and business meth...
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