Techmedica, Inc. v. Vanguard Underwriters Ins. Co.

59 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. TECHMEDICA, INC., Plaintiff-Counter-Defendant/Appellant, v. VANGUARD UNDERWRITERS INSURANCE Co., Defendant, and Commercial Union Insurance Company; Federal Insurance Company, Defendants-Cross-Defendants/Appellees. No. 93-56441. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 3, 1995. Decided June 21, 1995. Before: McKAY, * REINHARDT, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Techmedica appeals the grant of summary judgment to Commercial and Federal. The district court held that these companies had no duty to defend or indemnify the plaintiff, Techmedica, in a patent infringement suit based on an "advertising injury" clause is insurance contracts between the parties. We affirm. FACTS 3 Techmedica manufactures prosthetic devices, including replacement hips. Zimmer, the owner of a patent for a prosthetic hip replacement device, sued Techmedia for patent infringement. A jury found…