Final week, a serious hashish model was sued for patent infringement by Geographic Location Improvements (“GLI”) within the District Courtroom of Colorado. The Criticism alleges GLI is the proprietor of the ‘285 Patent, titled “Machine, System and Methodology for Remotely Coming into, Storing and Sharing Addresses for a Positional Info Machine,” which amongst different issues, permits a consumer to request an handle, such because the handle for a retailer, from a server. The server determines the requested handle and transmits it to the consumer. The system may also decide route steering to the shop handle based mostly no less than partly on the situation of the consumer.
The defendant’s web site has an analogous retailer locator system that GLI claims infringes the ‘285 Patent. A consumer is ready to enter an handle and the web site will present an inventory of the closest retail areas. The web site may also load navigation if the consumer requests instructions. When you’re studying this and pondering “wow, most retail web sites I’ve accessed recently have this function,” you’re completely proper. GLI has been busy – our search of the federal courts discovered that GLI has filed 49 lawsuits since 2016, with 11 of them nonetheless ongoing. And naturally, it bears mentioning that this development of patent infringement litigation will solely grow to be increasingly more prevalent within the trade as gamers deal with their on-line presence.
The actual takeaway I’ve from reviewing this lawsuit is that this: do you’ve got mental property protections in place? Most of our purchasers are visionaries which can be constructing and implementing their enterprise plans, establishing enterprise relationships, and so forth. They’re additionally establishing their on-line presences, however the precise work of making an internet site is being outsourced to internet builders most of the time. In such conditions, it’s necessary to not gloss over the indemnification provisions of the settlement.
Some builders, who’re conscious that mental property trolls are on the rise, flat out refuse to comply with any indemnification. These builders really feel they’re simply constructing what the consumer is requesting, and the consumer ought to due to this fact bear the burden of potential patent infringement. Nevertheless, if the developer is suggesting options, or utilizing “dwelling grown” templates or instruments, full mental property indemnification might be correct and must be fought for (or no less than, paid a premium for). Given each state of affairs is totally different, your arguments for keen on full indemnification might change, however in completely each case, the dangers and advantages that will end result from this sometimes “boilerplate” provision must be weighed.
As you may see from the cautionary story above, it might serve you very nicely to have correct indemnification clauses in place. In any other case, if you end up in litigation over one thing you had little or no to no management over, you is perhaps left holding the bag for another person’s mistake. Don’t depend on your internet developer for authorized recommendation. Our mental property staff has seen all of it and is right here to assist.
For previous posts on the significance of indemnification provisions in different contexts, see: