Trademark and Technology
California Family Law
Infringement could not occur in the course
of advertising activities
Coverage - Advertising Liability - Trademark Infringement
Offense of Infringement of Title Does Not Include Patent Infringement
. . Potential Insurance Coverage for Patent Infringement Litigation
According to one trade association, in
1999, the median estimated cost of a patent infringement action through
discovery was about $800,000, and through trial and appeal, approximately
Coverage for Intellectual Property Claims
Has No Duty To Defend Patent Infringement As "Advertising Injury"
California Court of Appeals Holds That Patent Infringement Does Not Arise Out Of Enumerated Advertising Injury Offense Of "Infringement of Copyright, Title or Slogan."
Indemnity Co. v. Apple Computer, Inc.
It is settled law that except perhaps in unusual circumstances, patent infringement is not covered under CGL policies. Bank of the West v. Superior Court (1992) 2 Cal.4th 1254; Gitano v. Kemper (1994) 26 Cal.App.4th 49; Aetna v. Superior Court (1993) 19 Cal.App.4th 320; Everest & Jennings v. American Motorists Ins. (9th Cir. 1994) 23 F.3d 226; Intex Plastics v. United Nat. Ins. (9th Cir. 1994) 23 F.3d 254; Iolab v. Seabord Sur. (9th Cir. 1994) 15 F.3d 1500.