Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability (“CGL”) insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in
Insurance Coverage For Patent Infringement Claims
Courts across the country, and particularly in California, have long been reluctant to construe standard commercial general liability insurance policies to provide coverage for patent infringement lawsuits. However, the Ninth Circuit's recent decision in <i>Hyundai Motor v. Nat. Union Fire Ins.</i>, suggests that, at least when the patented invention is itself a method of advertising, an insurer will owe a duty to defend a patent infringement lawsuit under the "advertising injury" provisions of many standard CGL policies.
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