When a general counsel finds her company a defendant in a patent infringement suit, a myriad of vendor contracts may be in play. Computer systems or software platforms often evolve in fits and spurts as technology advances. One vendor’s software gets merged with another vendor’s services. Employees develop certain functions, while third-party vendors provide others that may reside on another company’s servers.
Many in-house attorneys facing a suit seek indemnification in these vendor contracts, which may provide a shield against expending the company’s resources. But in patent litigation, the indemnification provision is not the only protection a contract can provide. The remaining contractual provisions can determine liability.
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