
Intellectual Ventures I LLC v. Erie Indem. Co is a significant intellectual property ruling that highlights the importance of insurance coverage for patent infringement claims.
The case involved a patent infringement claim by Intellectual Ventures I LLC against Erie Indemnity Co. Intellectual Ventures I LLC alleged that Erie Indemnity Co failed to provide adequate insurance coverage for the patent infringement claim.
In a 2014 ruling, the court found that Erie Indemnity Co did not have a duty to defend Intellectual Ventures I LLC against the patent infringement claim because the claim was not covered under the insurance policy.
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Erie Insurance Wins Patent Lawsuit
Erie Insurance has successfully defended itself against a patent infringement lawsuit filed by Intellectual Ventures I LLC.
U.S. District Judge Mark R. Hornak dismissed the patent infringement claims, finding that the patent at issue was too broadly drawn and covered an abstract idea that didn't forward an "inventive concept".
The patent in question claimed ownership of a system for identifying and comparing computer files to determine if they contain illegal content, such as pirated music.
Intellectual Ventures said Erie Insurance used such a system without permission, but the judge disagreed, ruling that the idea was not inventive.
The case highlights the challenges faced by nonpracticing entities like Intellectual Ventures, which enforce patents on behalf of small inventors.
These companies often collect patent portfolios and then sue companies for infringement, but the 2014 U.S. Supreme Court decision has made it more difficult for them to rely on software and business methods patents in litigation.
As a result, companies like Erie Insurance are better equipped to defend themselves against these types of lawsuits.
In this case, the judge's ruling was a significant victory for Erie Insurance, and it sets a precedent for other companies facing similar patent infringement claims.
The case also underscores the importance of carefully reviewing patent claims to ensure they are not overly broad or abstract.
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Recovering Prejudgment Interest for Pre-Issuance Acts

Prejudgment interest can be recovered for acts that occur prior to patent issuance, as seen in Comcast IP Holdings I LLC v. Sprint Comm'ns Co.
The US Court of Appeals for the Federal Circuit found that prejudgment interest can be applied from the date of the hypothetical negotiation determined for calculating damages, even if the patent has not yet issued.
In the case of Comcast IP Holdings I LLC v. Sprint Comm'ns Co., the district court awarded prejudgment interest starting from 2006, the date of the earliest relevant hypothetical negotiations.
The Federal Circuit disagreed with Sprint's argument that prejudgment interest should not be applied from 2006, as the patents had not yet issued at that point.
The court found that the district court properly awarded prejudgment interest running from 2006 because it was the only damages award for the district court to consider when assessing the dollar figure against which to measure prejudgment interest.
This ruling highlights the importance of considering pre-issuance acts when determining damages and prejudgment interest in patent cases.
In this case, the court's decision to apply prejudgment interest from 2006 demonstrates that pre-issuance acts can have a significant impact on the ultimate damages award.
Related reading: Comcast Ventures
Intellectual Ventures' Losses

Intellectual Ventures LLC, the plaintiff in the case, has reportedly suffered significant losses in its patent licensing business.
The company's losses were estimated to be around $11 billion in 2013.
Intellectual Ventures' patent portfolio, which was once valued at $40 billion, had declined in value by 2013.
The company's patent licensing business was struggling to generate revenue.
The decline in Intellectual Ventures' patent portfolio value was attributed to the company's failure to adapt to changes in the patent licensing market.
This failure led to a decrease in the value of its patent assets.
Intellectual Ventures' losses had a significant impact on its ability to generate revenue and pay its employees.
The company was forced to lay off several employees due to financial constraints.
Sources
- https://law.justia.com/cases/federal/appellate-courts/cafc/16-1128/16-1128-2017-03-07.html
- https://www.lexology.com/library/detail.aspx
- https://insurancenewsnet.com/oarticle/erie-insurance-wins-patent-lawsuit
- https://www.mwe.com/insights/2017-04-ip-update/
- https://www.leagle.com/decision/infco20170307131
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