September 2010

Allegation of Patent Infringement May Be Advertising Injury

By Maximilian A. Grant, Christine G. Rolph, Clement J. Naples and Gregory K. Sobolski

Defendants in patent infringement actions have new reason to scrutinize their Commercial General Liability insurance policies. On April 5, 2010, the Court of Appeals for the Ninth Circuit held that allegations of patent infringement involving a method of advertising constitute "advertising injury," triggering an insurer’s duty to defend a patent infringement suit.

Subscribers: click here for the full story

Non-Subscribers: click here to subscribe

Pay per view ($20.00)