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Perspective

Apr. 23, 2009

Do Clouds Remain After the 'Pacific Sunwear' Decision?

A case involving a California retailer clarified the rules regarding indemnification and patent infringement, write Stephen P. Swinton and Charles S. Evendorff.

INSIGHT COLUMN

By Stephen P. Swinton and Charles S. Evendorff

Our patent system was intended to provide coverage for anything under the sun made by man. Yet, in comparison to that seemingly boundless breadth, ask any buyer who has sought indemnification for a patent infringement claim, and you likely will hear of an even more expansive scope of potential defenses against indemnification. Fortunately, in Pacific Sunwear of California v. Olaes Enterprises Inc.,...

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