Aqua Queen Mfg. Co., Inc. v. Charter Oak Fire Ins. Co., Cross-Appellee

46 F.3d 1138 33 U.S.P.Q.2d 1681 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AQUA QUEEN MFG. CO., INC., Plaintiff-Appellee, Cross-Appellant, v. CHARTER OAK FIRE INS. CO., Defendant-Appellant, Cross-Appellee. Nos. 93-55704, 93-55815. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Dec. 5, 1994. Decided: Jan. 27, 1995. 1 Before: SCHROEDER, FLETCHER, and THOMPSON Circuit Judges 2 MEMORANDUM * 3 Charter Oak Fire Insurance Company ("Charter Oak") appeals the grant of summary judgment in favor of its insured, Aqua Queen Manufacturing Company ("Aqua Queen"). The district court held that Charter Oak had a duty to defend Aqua Queen in an underlying patent infringement lawsuit. Charter Oak claims that a provision in its insurance policy creating coverage for acts of "piracy" arising out of advertising does not include suits for patent infringement. Aqua Queen cross-appeals, claiming that the district court erred by applying the arbitration requirements of…