Why can both businesses need an analysis?
Section 271(a) addresses specified unauthorized acts including making, using, selling, offering to sell, and importing. Identify what the supplier and customer each did, which product configurations are accused, and any relevant authorization. A notice to one business does not by itself resolve another's liability.
What should I collect?
Gather the complete demand, patent numbers, product versions, purchase terms, master agreements, amendments, and insurance policies. Identify any notice dates, defense-control provisions, limits, exclusions, and consent requirements in the actual documents.
Are indemnity terms standardized?
Do not assume that. As one specific example, the federal government's FAR patent-indemnity clause addresses notice and opportunity to defend and contains exclusions involving specified designs, modifications, and certain settlements. That government-contract clause is not the rule for a private supply agreement; it illustrates why exact text matters.
How should we coordinate?
Agree on a contact, information-sharing process, and next update. Avoid promising coverage before the contract review is complete. Keep technical facts accurate and let counsel assess confidentiality and representation issues before sharing legal advice between companies.