Patent Infringement Actions May Be Covered As Advertising Injury
The Ninth Circuit recently held in Hyundai Motor America v. National Union Fire Ins. Company of Pittsburgh, PA that third-party patent infringement claims against Hyundai gave rise to a duty to defend. The case is a testament to the importance of broadly considering the potential for insurance coverage of all claims. The Court has just recently summarily rejected National Union's request that the Ninth Circuit certify the coverage question to the California Supreme Court. Thus, this opinion will remain the last word on the subject for the time being.