Bilski v. Kappos: The Blockbuster That Was a Bust

If the Supreme Court offers no solution, what should an internet retailer do?

Short of shutting down their websites and abandoning e–commerce altogether, direct marketers can take proactive steps to prevent or deflect such suits. Negotiating vendor agreements to include robust indemnification provisions for patent infringement (and other intellectual property disputes) is a good start. Evaluating the “advertising injury” provisions in insurance policies, or even considering patent infringement insurance coverage (often prohibitively expensive), isn't a bad idea.