In almost every state, a buyer of goods subject to a rightful claim of intellectual property infringement can bring a claim against the seller for indemnification under the implied warranty of noninfringement. If the buyer succeeds on its claim, the seller becomes liable for costs incurred by the buyer as a result of the infringement claim, including damages and attorneys' fees.
Law360
Implied Warranty Of Noninfringement Depends On State
June 9, 2015
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