8.2.3.2 Patent Infringement

JurisdictionArizona

Claims of patent infringement may exist where Internet downloads implicate software and software equipment patents. In 1996, Congress amended the Patent Act to include "offer for sale" as a form of direct patent infringement.[215] Thus, web-based advertising of a patented product may now give rise to allegations of infringement. In addition, online information that encourages or induces others to commit patent infringement also may trigger liability.[216]

To date, CGL policyholders have had little success in persuading courts to find coverage for any form of patent infringement, including...

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