[I]nsuring Peace of Mind from Patent Trolls

We’ve previously blogged about RPX, the entity that bills itself as a defensive bulwark against patent assertion entities (i.e. trolls) through the process of acquiring or licensing problematic patents in order to protect its members from offensive litigation, and offers an insurance of sorts against patent claims.

Now advertisers are getting on the bandwagon, with the ANA (Association of National Advertisers) offering a patent infringement defense insurance program. Benefits include:

• Provides funds to defend against charges of U.S. patent infringement, and filing a Patent Office administrative challenge for example, commencing with a threat received from a patent holder. The demand can be oral, written, or a federal court complaint.
• Includes litigation expense and post-grant challenge expense such as Inter Partes Review trials for the asserted patent.
• Provides predictability for the advertising budget. Places a “risk collar” around unexpected litigation expenses.
• Allows the member to remove themselves from the potentially disruptive, time-consuming, and expensive process of demanding reimbursement under a vendor indemnity agreement.