Patent risk is easy to underweight when you're reviewing a software license or SaaS agreement. The data privacy terms get scrutinized, the IP ownership language gets a look, and the patent provisions tend to get a standard indemnity clause and a quick approval. Then the deal closes and the problem shows up. A non-practicing entity sends a demand letter over a feature your company licensed, a customer forwards a complaint and asks who's covering the defense, or you go back to the indemnity and find it doesn't reach the claim everyone assumed it would. Patent terms in digital product contracts carry real exposure, and the work of getting them right happens during the drafting, not after the claim lands.
In this webinar, Laura Frederick, Fred Wilf, and Brian Chang will walk through how patent licensing and infringement issues play out across digital product and SaaS agreements, from defining the scope of a patent license to handling an infringement claim once it arrives. They'll look at where patent ownership actually lands in custom development and professional services work, how sublicensing and pass-through rights operate in reseller and distribution deals, and how patent indemnification provisions get structured between vendors and customers. They'll also cover how patent infringement claims interact with the liability cap, which is where a lot of negotiated indemnity protection quietly disappears.
Key topics include:
Patent issues that surface after the deal closes
Defining the scope of a patent license in digital product and SaaS agreements
Patent ownership in custom development and professional services agreements
Sublicensing and pass-through patent rights in reseller and distribution agreements
Patent infringement indemnification, including vendor obligations and customer carve-outs
How patent infringement claims interact with the liability cap
*Live CLE Credit Information:
How to Contract will apply for 1.25 hours of General CLE credit in CA, PA, and TX.
We will provide details to attendees on how to request a certificate of attendance. These certificates are provided after an attendee submits a completed credit request form (including the CLE code words shared live) within 14 days of the live webinar. Late submissions are not accepted.
Lawyers in these other jurisdictions who attend live may be eligible for credit through reciprocity, self-application, or reporting: AK, AL, AR, AZ, CT, CO, FL, GA, HI, IA, ID, IN, IL, KY, LA, NC, NH, NJ, NV, NY, MD, ME, MN, MO, MT, NC, ND, NE, NH, NM, NV, OK, OR, RI, SC, TN, UT, VA, VT, WA, WI, WV, and WY. These programs may also be eligible for Canadian CPD credit in British Columbia, Ontario, and Quebec.
We do not determine individual eligibility. Please check your state bar for specific compliance rules.
