United States Ninth Circuit

In an action against an insurer to recover defense costs based on a third party's action against plaintiff for patent infringement, involving plaintiff's use of certain features on its website, summary judgment for defendants is reversed where the patent infringement claims in the underlying action alleged the "misappropriation of advertising ideas," and thus stated an "advertising injury" under the policy.

Appellate Information

• Argued 02/03/2010
• Decided 04/05/2010
• Published 04/05/2010

Judges

• GRABER, Circuit Judge:, Before BETTY B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gene C. Schaerr, Winston & Strawn LLP, Washington, D.C., for the plaintiff-appellant.


• For Appellees:
  
• Richard H. Nicolaides, Jr., Bates & Carey LLP, Chicago, IL, for the defendants-appellees.