News & Analysis as of

Infringement Exclusions

McDermott Will & Emery

Threat of ITC Exclusion Order Is Too Speculative to Constitute Irreparable Harm

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision by a federal district court denying a defendant’s motion for a preliminary injunction seeking to enjoin a parallel International Trade Commission (ITC)...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Nails Unqualified Expert

On January 21, in Kyocera Senco Industrial Tools Inc. v. ITC, the Federal Circuit found that the patent owner’s expert witness on infringement was unqualified under the definition of the level of ordinary skill in the art...more

BakerHostetler

Prior Publication Exclusion Bars Coverage for Advertising Injury Claims, Despite Continued Advertisement of Additional Allegedly...

BakerHostetler on

Although the sale of its Navajo product line constituted “personal and advertising injury” within the meaning of its liability insurance policies, Urban Outfitters was not entitled to defense or indemnity for claims brought...more

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