Patent Infringement Litigation
Patent infringement claims usually appear unexpectedly. They are serious matters, expensive, and potentially very damaging. When faced with a claim of infringement, you should consult an attorney. Fighting patent infringement litigation on your own is foolish.
You can't prevent patent infringement lawsuits, but your licenses can help you defend against them. Some open source licenses have very strong patent defense provisions (e.g., GPL section 7, MPL sections 8.2 and 8.3, CPL section 7, OSL/AFL section 10). These defensive termination provisions act by increasing the cost of suing an open source licensor for patent infringement. If the licensed software has value to the patent owner, he or she may prefer to forgo ...
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