There is a common misconception that if you have Directors & Officers Liability, Professional Liability or Cyber Liability policy in place that it will respond to Patent Infringement issues. This is because the coverage is typically included for copyright and trademark infringement. Patent however is almost always excluded from coverage.
In some cases Patent coverage may be added to the policy however in most cases a separate is policy for Patent Infringement is the best solution.
The second common misconception is that if a Certificate of Insurance has been provided to a Certificate Holder that the insurance complies with the terms and conditions related to the Certificate of Insurance.
The Certificate of Insurance only provides information regarding the current coverage in place and does not automatically relate to the contract in place. In other words, the Contractual Liability exclusion in all General Liability policies prohibits an Insured from expanding coverage to comply with contracts unless agreed to in advance by the insurance company.
It is best to have your contracts reviewed in conjunction with the request for a Certificate of Insurance.