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That would roughly be the cost of the deductible on an insurance policy you can buy that covers defense against intellectual property infringement (assuming infringement was not intentional). You can buy this sort of insurance. It's not cheap, but it can cover both defense costs as well as a certain amount of damages.

I'm expecting this to be common course for software companies in the near future.

More information on patent defense insurance: [1] http://www.psfinc.com/press/defense-against-patent-infringem...

[2] http://www.mazeyinsurance.com/patent

[3] http://www.patentinsurance.com/products/insurance-policies/d...

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