Perspectives on IP Disputes: What to Do If You Receive an IP Warning Letter—Measures to Mitigate Third-Party Liability Risks

It is often said that a technology company knows it is succeeding when it receives letters accusing it of intellectual property (IP) infringement or letters “offering” IP licenses. Often, the way these letters are handled, and measures taken in advance to mitigate risk, can mean the difference between a dispute that quietly disappears and an all-out legal battle. With carefully prepared risk-minimizing contracts and with the prudent handling of warning letters, a company’s liability exposure can be greatly reduced.

In this seminar we will discuss strategies for responding to patent warning letters, including:

• Early assessment of risk
• Risk sharing among suppliers and partners
• How to assess the strength and resolve of an opponent
• How to develop leverage to disincentivize your opponent
• Varying strategies for responding to warning letters
• How to best pre-position your case should litigation ensue
• Strategies to increase the chances your opponent will back off
• Considerations when litigation is threatened in Israel vs. the United States

Often a response to a warning letter depends on liability-limiting contractual measures adopted in advance. This is particularly true for online products and services which can give rise to third-party liability. In this context we will discuss:

• Developments in Israeli IP law impacting liability risks for internet and software applications
• Using, owning, and managing user data: obligations and implications
• How to use Terms of Use and other contracts to limit third party liability risks

This meeting is only open to ACC members and registration is complimentary.

Date
Thursday, 24 May 2012

Time
9:00 – 13:00

Presenter
Gerson S. Panitch

Where
GKH Law Offices
One Azrieli Center, Round Building, Tel Aviv 67021

This seminar will be conducted in English.