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DISH NETWORK CORP. v. ARCH SPECIALTY INS. CO.

No. 10-1445.

659 F.3d 1010 (2011)

DISH NETWORK CORPORATION; DISH Network, LLC, Plaintiffs-Appellants, v. ARCH SPECIALTY INSURANCE COMPANY; Arrowood Indemnity Company; Travelers Indemnity Company of Illinois; XL Insurance America, Inc.; National Union Fire Insurance Company of Pittsburgh, PA, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 17, 2011.

Attorney(s) appearing for the Case

Lee M. Epstein of Fried & Epstein LLP, Philadelphia, PA ( Todd Mackintosh of Mackintosh Law Office, LLC, Denver, CO, with him on the briefs), for Plaintiffs-Appellants.

Daniel I. Graham, Jr. of Bates Carey Nicolaides LLP, Chicago, IL, ( Richard H. Nicolaides, Jr. , Barbara I. Michaelides , Agelo L. Reppas of Bates, Carey, Nicolaides LLP; Thomas N. Alfrey and Robert J. Zavaglia, Jr. of Treece Alfrey Musat & Bosworth, PC, Denver, CO; Roger K. Heidenreich and Deborah C. Druley of SNR Denton US LLP, St. Louis, MO; Kevin F. Amatuzio and Krista M. Maher of Montgomery Kolodny Amatuzio & Dusbabek, LLP, Denver, CO; and George S. McCall of Sedgwick LLP, Dallas, TX, with him on the brief), for Defendants-Appellees.

Before BRISCOE, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.

BRISCOE, Chief Judge.

Plaintiffs DISH Network Corporation and DISH Network LLC (collectively, Dish) filed a diversity action in the District of Colorado, seeking a judgment declaring that Dish's insurers had a duty under Colorado law to defend Dish in a patent infringement suit.1 The district court held that the underlying complaint did not allege an "advertising injury" under the policies issued to Dish by the five defendant insurers...

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