IP Indemnification in Contracts
A post on the Morgan Lewis Tech & Sourcing blog reviews issues related to the defense and indemnification aspects inn contracts impacting intellectual property ownership.
Authors Peter M. Watt-Morse and Michael R. Pfeuffer write that “an IP indemnity clause typically includes the obligation to defend against third party IP claims. However, the potential costs and risks associated with this obligation can be impacted by the language of the provision.”
“Like any indemnitee, the user will want indemnification for IP infringement to be as broad as possible, including any losses, costs, damages or expenses whatsoever sustained by virtue of the third-party claim,” the explain.
