Patent Infringement Suits May Be Covered

Law360, New York (November 20, 2008, 12:00 AM EST) -- Companies involved in patent infringement litigation often presume that insurance will not pay for money spent in that litigation. That presumption may be based upon case law in some jurisdictions suggesting that commercial general liability (“CGL”) policies do not cover these claims.

However, some patent infringement lawsuits involve claims that in fact may be covered. For example, companies that are sued for patent infringement may file a counterclaim or separate lawsuit against the plaintiff and argue that the patent infringement lawsuit was filed for improper purposes....
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