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Abatement (Enforcement) Insurance Webinar

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Defense Insurance Webinar

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Underwriting

During our underwriting process, the IPISC underwriters will discern the potential for a lawsuit, a determination related to, but not necessarily driven by, the possibility of actual infringement. They accomplish this with a quantitative and a qualitative analysis. Quantitative analysis includes an examination of the classes of patents that the product/IP falls within. The risk is then measured according to the number, type and severity of litigation that has arisen within those subject classes. Among other calculations, they also examine the litigation history of the industry, which includes an assessment (for a Defense policy) of the likelihood of litigation by particular competitors, is made. Qualitatively, the differentiation and the strength of the IP/products is evaluated as it compares to claims of other IP in the marketplace. The underwriter can produce a report of the specific IP risk (Defense policy), our Insurability Review service, for an increased search fee. This report is not a legal opinion, as we are discerning the insurability of the IP/products, rather than providing an infringement opinion. Underwriting generally takes 2-3 weeks for Defense and 1-2 weeks for the Abatement policy. This time period accounts from the time of application submission to quoting. Please be aware that the underwriting time could increase for complex technology, as well as a large amount of IP to be searched. The Defense underwriting generally requires a conference call between the underwriter and the client’s technical expert(s) regarding the IP/product(s) make-up. This enables the underwriter to ascertain specifics and answer any questions which arise to ensure complete understanding of the IP/product(s).

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