When is an insurer bound by a duty to defend? Courts disagree over whether suits alleging infringement and misappropriation are covered

Article Abstract:

State courts have split over whether public policy prohibits insurers from providing a defense in cases of advertising-related patent infringement. Most decisions finding no such duty rely on the CA cases, but hinge on the court's misunderstanding of the proof of liability for inducing patent infringement, and hence misinterpreting public policy. The chief issue in most copyright infringement advertising cases is the existence of a causal connection betwen the specific offense and the insured's advertising actions.

Laws, regulations and rules, Insurance industry, Duty to defend (Insurance law)

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Trade secrets liability is a two-sided problem; companies need to address both the risks of loss of trade secrets and misappropriation liability

Article Abstract:

Employers should take care both to guard their own trade secrets and to avoid even accidentally opening themselves to charges of trade-secret misappropriation. Thus they should identify their own trade secrets and take active steps to protect them, including having employees sign non-disclosure agreements. When they suspect misappropriation, they must clearly demonstrate it. Finally, they should be careful when hiring former or current employees from a competitor to make clear their legal position.

Trade secrets

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Federal Circuit sees fit to streamline litigation; but converting more issues to matters of law may not result in hoped-for 'predictability.'(Intellectual Property)

Article Abstract:

The US Court of Appeals for the Federal Circuit, in three cases, has attempted to streamline patent litigation by focusing on matters of law. Although this focus has clarified rules by which parties can evaluate their cases, it is still difficult to predict the outcome of any case. Under the new rules, however, trial courts can take care of more issues at the pretrial motion stage and the Federal Circuit can use de novo review to help ensure uniformity.

Licenses, Patents & Trademarks, Practice, Intellectual property, Patent law, United States. Court of Appeals for the Federal Circuit, Patent practice

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