• Warranties of Noninfringement and Allocation of Infringement Risk
  • February 23, 2015 | Author: Jeffrey B. Fabian
  • Law Firm: Shumaker, Loop & Kendrick, LLP - Tampa Office
  • In the electronic age, purchases move fast and often without a contract. The parties to a transaction may give little thought to allocating the risks involved. Even when the parties do enter a written agreement, with so many terms to negotiate and consider, the risk of intellectual-property infringement might seem too remote or difficult to address. Alternatively, they might choose to engage in the “battle of the forms” rather than enter expensive negotiation over entrenched terms prescribed by each party’s legal department.