Maxconn Inc. v. Truck Insurance Exchange

In this case, we decide whether patent infringement may be considered advertising injury under a commercial general liability (CGL) policy that defines advertising injury as “[infringement of copyright, title or slogan.” We conclude that the term infringement of title is a reference to any infringement of a legally protected name, appellation or designation. Hence, patent infringement does not constitute advertising injury as that term is defined in the CGL policy in this case. We reverse the judgment for declaratory relief requiring appellant Truck Insurance Exchange (Truck) to defend respondent Maxconn Incorporated (Maxconn) in an underlying lawsuit for patent infringement.

Factual Background

On or about December 11, 1996, Amphenol Corporation and Alan L. Pocrass filed an action for patent infringement against Maxconn and a company called Nu-Way Electronics, Inc. (Nu-Way) in the United States District Court for the Northern District of Illinois, Eastern Division. The complaint alleged that United States Letters Patent No. 4,978,317 was issued to Mr. Pocrass for an invention called a “Connector With Visual Indicator.” Amphenol was a corporation that had rights in the…