A canny company can do a lot to insulate itself from liability for patent infringement. The company can include indemnification clauses in vendor agreements, so that if the company is sued for infringement their vendor is on the hook to defend the case and pay any damages. The company can search for and attempt to design around any existing patents.
And a company can ask for a non-infringement opinion: a researched and well-reasoned argument as to why the company does not infringe a patent, before a suit is ever filed.
The Supreme Court recently confirmed that relying on a reasonable non-infringement opinion will insulate a company from liability for willful infringement – though lower damages for non-willful infringement would stand.
If you’re entering a new market, releasing a new product line, or looking to shore up your companies IP risks, give us a call today.