The court of appeals reversed a district court judgment and remanded the action with instructions. The court held that an auto manufacturer’s liability insurers had a duty to defend against third-party “advertising injury” claims where a patent-holder alleged that the manufacturer’s “build your own vehicle” website feature, which was part of the manufacturer’s advertising methods, violated a patent for generating individualized customer brochures.
Hyundai Motor America maintained a website where prospective auto purchasers could use a “build your own vehicle” (BYO) feature. Also included on the website was a parts catalogue feature.
