Case Study: DISH Network V. Arch Specialty Insurance

Law360, New York (November 3, 2011, 1:28 PM EDT) -- On Oct. 17, the U.S. Court of Appeals for the Tenth Circuit, applying Colorado law, reversed a district court decision and held that a patent infringement claim may constitute an "advertising injury," thereby triggering, at a minimum, defense coverage under a variety of provisions in commercial general liability policies providing coverage for "misappropriation of advertising ideas." DISH Network Corp. v. Arch Specialty Ins. Co., ___ F.3d ___, 2011 (10th Cir. Oct. 17, 2011).

In reaching its decision, the Tenth Circuit reviewed and analyzed an array of...
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