This easy-to-use guide addresses clients' questions regarding insurance coverage for intellectual property and contains information vital to intellectual property litigators who wish to use insurance to reimburse the cost of defending intellectual property lawsuits, or obtain moneys for their settlement and/or indemnification of damage awards that may arise therein.
The book focuses on the kind of policy language carriers have used, how courts have interpreted these, and issues intellectual property practitioners need to be sensitive to in litigating insurance cases so that they are "insurance savvy." It also highlights issues that are of particular concern to practitioners who must weave in and out of the labryinth of insurance coverage cases that march to a distinctive set of often counter-intuitive rules.
The book offers practical advice for:
- Complying with intellectual property counsel's obligations as defense counsel by advising if potential coverage arises so as to be disclosed in response to a Federal Rule of Civil Procedure 26(f) inquiry at the commencement of the lawsuit
- Securing insurance coverage for clients in intellectual property litigation funded by insurance through the policyholder's chosen counsel at reasonable rates that would otherwise be beyond the financial resources of many potential clients
- Discussing how claimants can use insurance resources to settle cases in a manner beneficial to their client pursuing intellectual property claims
- Clarifying what rights policy holders have to select their own counsel, reimbursed by insurers at reasonable rates, to fund their defense activities
- Advising what insurance policies might best be obtained that offer the broadest form of insurance coverage for intellectual property risks, as well as illuminating how court decisions might affect particular language adopted by the proposed policies
The book includes a valuable checklist that: highlights the types of intellectual property claims most likely to trigger coverage under petertinent commercial liability policies; identifies the broad number of participants involved in a dispute whose insurance may be implicated; evaluates other forms of insurance responsive to intellectual property risks; and more.
Numerous "fact scenarios" with applicable case citations, as well as checklists for choosing cyberspace policies and policies covering errors and omissions, directors and officers, commercial general liability, and intellectual property risks complete the book.