VICTORY -- AURAFIN-OROAMERICA, LLC V. FEDERAL INS., CO.

Aurafin-OroAmerica, LLC v. Federal Ins., Co.

No. 04-156681, 2006 WL 188088, at *1 (9th Cir. (Cal) June 26, 2006) After obtaining a ruling by the U.S. Court of Appeals for the Ninth Circuit that an insurer was required to pay its client's litigation expenses in a patent infringement lawsuit where the defendant accused the client of disparagement by alleging patent infringement ("The facts alleged in D&W's counterclaims, taken together, could potentially allege a claim for true libel because an allegation that D&W was a patent infringer - a pejorative allegation of shady business practices - was implicit in OroAmerica's statement to QVC that D&W's gold chains infringed its patents. See Atlantic Mut. Ins. Co. v. J. Lamb Inc., 123 Cal.Rptr. 256, 269 (Cal.App.2002).").