• videocam Live Webinar with Live Q&A
  • calendar_month May 28, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Patent
  • schedule 90 minutes

Structuring Patent Indemnification Provisions

Allocating Infringement Risk While Accounting for Changes to PTAB Estoppel and Statutory Bar Requirements

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Discount expires 5/14/26

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About the Course

Introduction

This CLE course will prepare counsel to IP owners, licensees, and licensors to protect their interests by allocating patent infringement risks during the negotiation of indemnification provisions in a patent license or vendor contract. The panel will offer best practices for negotiating and structuring patent indemnification provisions to allocate risk.

Description

Indemnification provisions are often overlooked but are a critical part of any technology license or similar agreement. Drafting and negotiating indemnification provisions is crucial to protecting business interests and minimizing litigation costs.

Counsel to all parties must carefully consider the scope of liability covered by the indemnification obligation, liability triggers, and indemnification of third parties when negotiating the contract terms.

Listen as our authoritative panel of patent attorneys examines structuring patent indemnification provisions and what factors counsel should account for when negotiating and drafting indemnification clauses. The panel will offer best practices for negotiating and structuring patent indemnification provisions to allocate risk.

Presented By

John Augustyn
Shareholder
Leydig Voit & Mayer

Mr. Augustyn represents clients in high stakes intellectual property litigation, licenses, agreements, mergers & acquisitions, client counseling, and prosecution. Leveraging his prior experience in management and as an engineer at Fortune 100 companies, he understands that IP and business issues require creative and cost-effective legal solutions. Mr. Augustyn has been an international speaker at over 60 programs to thousands of corporate and outside counsel. Also, he has been an instructor and advisor for over 15 years total at Loyola Law School and Northwestern Law School. Mr. Augustyn has been selected for several honors including Best Lawyers, Super Lawyers, Top 50 Lawyers in America, IAM Patent 1000, and Fellow to Litigation Counsel of America.

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Eleanor M. Yost
Shareholder
Carlton Fields, P.A.

Ms. Yost is trusted by some of the most recognizable brands in the world to protect and enforce patent, trademark, copyright, and domain name portfolios. For more than two decades, she has litigated high-stakes intellectual property disputes in federal courts across the country, the U.S. International Trade Commission (ITC), and the U.S. Patent and Trademark Office (USPTO). Widely regarded as a thought leader on post-grant proceedings before the Patent Trial and Appeal Board (PTAB), Ms. Yost has represented clients in dozens of inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) proceedings. She has been named one of the “Top 50 Women in PTAB Trials” and was selected to be a founding member of the board of directors for the PTAB Bar Association, the leading national bar association for PTAB practitioners, judges, and other stakeholders.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, May 28, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Agreements in which such indemnification provisions are likely to appear

II. Common structures for indemnification provisions

III. Allocating infringement risk and distinguishing indemnification of patent claims from indemnification of other IP claims

IV. Best practices for negotiating and structuring patent indemnification provisions

The panel will review these and other noteworthy issues:

  • What should patent counsel consider when structuring indemnification provisions?
  • What carve-outs are market?
  • What should you do if your counterparty refuses to indemnify your client?
  • What approaches should counsel use to protect a client's interests when negotiating an indemnification provision?