9th Circ. Backs Insurer's Win In Ventana IP Defense Row

Law360, New York (October 24, 2011, 3:24 PM EDT) -- The Ninth Circuit on Thursday affirmed a lower court's decision to hand $110,000 in attorneys' fees to St. Paul Fire & Marine Insurance Co., which had argued it didn't have to defend Ventana Medical Systems Inc. in patent infringement litigation.

Ventana sued the insurer in Arizona federal court in 2009, seeking indemnity and defense in an underlying suit filed by Digene Corp., which accused Ventana of infringing its patents for tests to screen for the human papillomavirus. The court ruled in 2010 that St. Paul didn't...
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