Keller and Heckman Attorneys Author Article on Patent Infringement Claims and Contracts

Date: Feb 28, 2011

The article, "Establishing a Rightful Claim of Patent Infringement," by Keller and Heckman was published in the February 2011 issue of DRI. The authors address the application of the UCC 2-312 implied warranty against infringement in those situations where contracting parties fail to agree in writing on an indemnification provision and the effect of such failure in the event of a third-party claim of patent infringement against the buyer. Specifically, the authors focus on the evolution of the "rightful claim" analysis under that provision, demonstrating the complexities faced by the parties in their effort to prove or disprove that the third-party claim of infringement against the buyer was rightful, thus, entitling him to indemnification from the seller-defendant under the statutory warranty. Because of such complexities, the authors caution contracting parties to agree upon an indemnification provision during negotiations rather than fall mercy to the rightful claim analysis.

Downloadable Files:
Establishing a Rightful Claim of Patent Infringement

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