Abatement
Unabated infringement on intellectual property by a competitor that attempts to use someone else’s ideas to further their market position can subject an insured to serious financial harm and even jeopardize the company's survival.
This unique plaintiff’s policy provides enforcement funds by covering litigation expense reimbursement for authorized intellectual property infringement suits brought by the Insured when they elect to enforce their intellectual property against an alleged infringer of intellectual property.
Insured intellectual property strengthens a business and makes a company more attractive to investors.
Eligible Accounts:
A broad range of industry and commerce is eligible for this insurance.
Target Industries include:
- Manufacturing
- Technological/Electronics/Software
- Biomedical
- Medical Equipment/Devices
- Textile/Fashion
- Automotive Parts
- Industrial Farming (“plant patents”)
- Engineering firms
Coverage:
- Defense of patent invalidity counterclaims
- Re-examination in the Patent Office of the Insured’s patent if petitioned by the defendant in an attempt to invalidate the Insured’s patent
- Reissue costs in an effort by the Insured to strengthen the patent claims
- Claims Made and Reported policy
- Worldwide Territory is available for additional considertion
- Terms up to 3 years
- Limits: From $250K to $10M per Claim/Aggregate; higher limits may be available
- Self-Insured Retention: 2% of the per claim limits; higher self-insured retention available
- Co-Pay: 10%; higher co-pay available
- Multi-Peril Coverage Extension: Provides first party coverage due to the loss of insured IP litigation and reimburses money directly to the policy holder beyond the legal costs of the underlying case. Covered Perils include the Loss of commercial advantage, business interruption and the cost of redesign, remediation & reparations.
Applications:
Indication Request Questionnaire (A short form for non-binding indications only)
ARTICLES:
Other Coverages:
All or most other coverages that comprise the RFO practice are appropriate. Contact a staff broker to discuss a particular account.
All insurance product and/or coverage descriptions are informational only. It is neither an offer to sell nor a solicitation to purchase any particular insurance product. Coverage may not be available in all jurisdictions.