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Robert Fletcher & Gene Quinn


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Is Your Patent Portfolio Safe from the Supreme Court?

The Prometheus decision shows that you can never know for sure what the outcome will be once you arrive at the Supreme Court. We also know that the Supreme Court is taking more patent cases now than ever, and those decisions have significant implications for the entire industry above and beyond the patent claims at issue and the parties involved. Your patent portfolio may be at risk because some other company obtained poorly written claims and the Supreme Court has taken the opportunity to decide not only the issues before them but to make decisions based on overarching concerns about the entire patent system.

Tenth Circuit Finds Patent Infringement Insurance Coverage Under “Advertising Injury” Clause

Therefore, no one should read this decision as stating a general rule that patent infringement is covered under “advertising injury” provisions in a typical insurance contract. Rather, the decision should be read as saying that it is possible, based on these peculiar facts, that coverage could exists for this particular patent infringement claim under the advertising injury provisions. Essentially, reaching this determination on summary judgment without full consideration was deemed inappropriate.