Perspective
Apr. 13, 2010
A Duty to Defend Patent Infringement
Business engaged in Web-based advertising should carry general liability coverage as broadly worded as possible to protect against similar infringement claims, write Joan M. Cotkin and Thomas D. Long partners at Nossaman in Los Angeles.
In a case of first impression, the 9th U.S. Circuit Court of Appeal held, for the first time under California law, that patent infringement can be covered as a "misappropriation of advertising ideas" under the advertising injury portion of a general liability policy, where the patent is on a method of web based advertising.
In Hyundai Motor America v. National Union etc. et al...
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