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HYUNDAI MOTOR AMERICA v. NATIONAL UNION FIRE INS.

No. 08-56527.

600 F.3d 1092 (2010)

HYUNDAI MOTOR AMERICA, Plaintiff-Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA; American Home Assurance Company, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 5, 2010.

Attorney(s) appearing for the Case

Gene C. Schaerr, Steffan N. Johnson, Adeĺe H. Auxier, Winston & Strawn LLP, Washington, D.C., Scott P. Devries, Winston & Strawn LLP, San Francisco CA, Terry C. Lewin, Los Angeles, CA, for the plaintiff-appellant.

Richard H. Nicolaides, Jr., Barbara I. Michaelides, and Daniel I. Graham, Jr., Bates & Carey LLP, Chicago, IL, Susan Koehler Sullivan and Douglas J. Collodel, Sedgwick, Dexert, Moran & Arnold LLP, Los Angeles, CA, for the defendants-appellees.

Lee M. Epstein, Fried & Epstein, Philadelphia, PA, Amy Bach, San Francisco, CA, for Amicus Curiae United Policyholders.

Before BETTY B. FLETCHER, HARRY PREGERSON, and SUSAN P. GRABER, Circuit Judges.

GRABER, Circuit Judge:

After Plaintiff Hyundai Motor America ("Hyundai") placed certain features on its website, a third party sued Hyundai for patent infringement. Hyundai sought a defense from its liability insurers, Defendants National Union Fire Insurance Company of Pittsburgh and American Home Assurance Company. Because the alleged patent infringement concerned one of Hyundai's advertising methods, Hyundai concluded that the third-party suit alleged an "advertising...

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