In its own lawsuit against Amazon.com, Atlantic Mutual Insurance Company is asking a judge to free it from any responsibility to indemnify Amazon.com for losses should Amazon be found guilty of violating IBM's patents.
Atlantic Mutual maintains that the insurance policies it sold Amazon.com are limited to claims related to "advertising injury" and "personal injury." The insurer says the coverage for advertising injury extends to claims for copyright violation but not patent infringement. The insurer also contends that the actions for which Amazon.com is being sued occurred prior to the date on which the policies took effect.
IBM sued Amazon.com for patent infringement in October, accusing the book and consumer goods merchant of violating a broad swath of IBM patents that govern methods for doing business on the Internet. In response, Amazon.com in December launched several counter-claims against the computer maker, charging that IBM has stolen its intellectual property.
IBM has since amended its complaint to include claims against a number of Amazon.com subsidiaries, including online movie fan site IMDB.com and hip shopping portal Shopbop.com. Earlier this week, a judge ordered IBM and Amazon to attempt to sort out their differences through an mediator.
Amazon officials were not immediately available for comment.
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