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Intellectual Property Civil Remedies Insurance

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The Supreme Court - December, 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases today: Samsung Electronics Co. v. Apple Inc., No. 15-777: A jury found that smartphones manufactured by petitioner Samsung infringed respondent Apple...more

Louisiana Court Holds Knowing Violation of Rights Exclusion Inapplicable

In its recent decision in Krispy Krunchy Foods, LLC v. AMA Disc., Inc., 2016 U.S. Dist. LEXIS 3499 (E.D. La. Jan. 12, 2016), the United States District Court for the Eastern District of Louisiana had occasion to consider the...more

Law Firms Are Not Body Shops: An Insurer’s Duty to Defend Requires it to Pay Only the Defense Costs the Insured Actually Paid

by Carlton Fields on

In the course of discharging their coverage obligations, insurers often benefit from bargains they strike with service providers. Healthcare insurers pay in-network caregivers rates that are dramatically lower than the...more

Can Insurance Coverage Provide Meaningful Protection from Patent Trolls and Other Infringement Claims?

by Gilbert LLP on

Notwithstanding two recent Supreme Court decisions making it easier to recover attorney’s fees from non-practicing entities (NPEs), or “patent trolls” as they are commonly known, insurers continue to market policies that...more

You’re Getting Sued for What? An E & O Odyssey (Pt 13)

by Dentons on

As reported by the National Post, a Montreal-based artist is suing the producer and broadcaster of the television series 30 Vies – on the basis that footage of a graffiti tag on a building which is incorporated into the...more

2013 Update on Chapter 93A

1. Standard governing liability under 93A - Higher standard applies for business plaintiffs – More decisions confirm that a business plaintiff must make a higher showing of defendant wrongdoing in order to prevail...more

Do Your Vendors Have the Right Insurance to Pay for the Damages They May Cause to Your Business?

by Pierce Atwood LLP on

When you enter into a contract with a vendor, you generally impose insurance requirements on the vendor and an indemnification obligation. But consider whether your current contracts have insurance requirements that would...more

2nd Circuit Holds No Duty to Defend Intellectual Property Claim

In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012), the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion...more

Intellectual Property Alert: Federal Appeals Court Requires Insurers to Defend Patent Infringement Suit Under Standard Commercial...

by Foley Hoag LLP on

Insurance companies consistently assert that Commercial General Liability (“CGL”) insurance, routinely purchased by most businesses, provides no coverage for patent infringement lawsuits. An October 17, 2011 decision of a...more

"Buried Treasure" - Securing Reimbursement for Monies Expended in Past Intellectual Property Lawsuits

Companies looking for extra money in these tough economic times may have an answer from the past. The vast majority of insurer denial letters for intellectual property lawsuits lack merit. Therefore, companies who have...more

Marketers of "Celebrity Diet" Found Judicially Estopped from Insurance Coverage for Trade Dress Infringement Claim

The Ninth Circuit, in United National Ins. Co. v. Spectrum Worldwide, Inc., No. 07-55833, 2009 U.S. App. LEXIS 1827 (9th Cir. February 2, 2009), recently sent a reminder to policyholders that defenses raised in the underlying...more

New York's Declaratory Judgment Insurance Trap

by Ronald Coleman on

Originally published on the now-defunct Corporateintelligence.com website....more

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