Media Mentions

2010

Karen Pak Laub spoke to Law360 (August 30) about dangers for companies that outsource computer hardware and software to third-party providers of so-called "cloud computing"services.  Ms. Laub said such arrangements may subject businesses to infringement litigation because "if patent claims are directed to a method of operating and the only way to show infringement is through customers, not a competitor, a provider may bring them into a suit.”  She added that there is greater risk when such plaintiffs are "patent holders that don’t make or sell anything because they have a patent they want to enforce and they don’t have any customers."  Ms. Laub advised cloud computing customers to negotiate indemnity protection with providers: "Customers that are using a lot of services should ask for a warranty of noninfringement.  If you’re a big customer, your risk is higher and you should be in a better bargaining position."

Soyeon (Karen) Laub, Computer Hardware/Networking, Intellectual Property, IP Litigation

McDermott Will & Emery

McDermott Will and Emery