I guess I was being a little too simplistic. If they (J-3) are sued, they`re sued. I would think they`d point to the clause and the liable party would be brought in (voluntarily, or kicking and screaming). The case would carry on, and the original defendent would not be excused from the court. But would they still be liable? Only where they exclusively infringed (i.e., all the claims of infringement aren`t solely due to the components/processes/etc. of the third party).

Hopefully that clarifies MHO.

SGE