BP/G Radio Intellectual Property Podcast

Guest:  Katie Wilhoit, Oppenheimer Wolff & Donnelly

We loved this interview.  Katie is a good friend and former colleague of G, has done IP litigation in the past, worked at Travelers Insurance as a claims attorney (in their IP division!) and now focuses on insurance coverage counseling and litigation.  She loves insurance!  So who better to chat with on the strange intersection of intellectual property and insurance.  A myth she busted - there is no insurance coverage for IP litigation.  Wrong - there can be.  You gotta read your policy.  And you have to be creative and persistent.

We talk about the types of insurance that might cover IP, what to do when you have a possible claim, and strategies for working with insurers.  We also briefly discuss a recent case from the Minnesota Supreme Court (General Casualty Co. of WI v. Hobbit Travel)  that held that trademark infringement claims trigger ”advertising injury” provisions of insurance policies (good news for those sued for trademark infringement).  Give a listen.  All comments/questions are welcome.

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“Cease and desist” – a litigator’s favorite expression.  What do you do when someone sends a  letter demanding that your client stop selling an allegedly infringing product?  What about a letter just inquiring into product details or suggesting a license?  All of these kinds of communications are troublesome, and each kind demands careful analysis and response (or non-response), especially in light of the Supreme Court’s ruling in Medimmune.  Learn about the different kinds of demand/licensing letters and possible response strategies. 

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