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OWENS-BROCKWAY GLASS v. INTERNATIONAL INS. CO.

Civ. No. S-91-1044-DFL-GGH.

884 F.Supp. 363 (1995)

OWENS-BROCKWAY GLASS CONTAINER, INC., Plaintiff, v. INTERNATIONAL INSURANCE COMPANY, et al., Defendants.

United States District Court, E.D. California.

March 13, 1995.

Attorney(s) appearing for the Case

Marvin D. Morgenstein, Morgenstein & Jubelirer, David B. Goodwin, Heller, Ehrman, White & McAuliffe, San Francisco, CA, for plaintiff.

Brian R. Potiker, Charles Lynberg, Lynberg & Watkins, Los Angeles, CA for AIU Ins. Co. and Nat. Union Fire Ins. Co.

Robert M. Anspach, Law Offices of Robert M. Anspach, Toledo, OH, for Intern. Ins.

Raoul D. Kennedy, Crosby, Heafey, Roach & May, Oakland, CA, for Hartford Acc. and Indem. Co. and Hartford Cas. and Ins. Co.

MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

Plaintiff Owens-Brockway Glass Container, Inc. ("Owens") seeks insurance coverage for its $22.5 million patent infringement settlement. The key question is whether the "advertising injury" provisions of defendants' policies are capacious enough to include room for patent infringement.

I

A. The Underlying Litigation

In September 1988, B & H Manufacturing Co...

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