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BNA INSIGHTS: Patented Advertising in an Internet Age

When the Ninth Circuit decided Hyundai Motor America v. National Union Fire Insurance Co. of Pittsburgh, Pennsylvania, No. 08-56527 (9th Cir., April 5, 2010) (79 PTCJ 750, 4/16/10) last month, it was the first time that a federal court of appeals had ruled in favor of an insured business on an “advertising injury” coverage claim triggered by a patent infringement suit. Hyundai’s victory demonstrates that the courts are willing to take a fresh look at traditional categories like advertising injury in the age of internet marketing. It also provides a window on the evolving relationship between web-based advertising and patent law.

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