Litigation

Features

Analysis of a recent First Circuit decision.

Features

Companies should be aware of the potential impact that the Supreme Court's decision in <i>Kiobel</i> could have on litigation risks, both here and outside of the United States.

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Highlights of the latest insurance cases from around the country.

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Several courts have recently held that an insured bears the burden of demonstrating proper exhaustion of underlying policies, including where multiple policies are involved in a settlement. These decisions have prevented insureds from accessing millions of dollars in excess coverage based on the unambiguous exhaustion language included in the operative excess policies.

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In a closely followed case involving the patentability of DNA sequences of the BRCA1 and BRCA2 genes, which account for most forms of inherited breast and ovarian cancer, the Federal Circuit largely followed its prior 2011 ruling and again held that isolated DNA sequences are patent-eligible subject matter.

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Counsel Concerns<br>Puzo Estate's Claim of Breach of 1969 Godfather Agreement Not Preempted by Federal Copyright Law<br>Subsequent Purchaser of Network Rights Not Liable for Royalties to Original Seller

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The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.

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In a decision that helps pave the way for Warner Brothers Entertainment and its DC Comics subsidiary to maintain their grip on the Superman franchise, District Judge Otis Wright II of the U.S. District Court for the Central District of California rejected a bid by the estate of Superman co-creator Joe Shuster to reclaim partial control over the iconic superhero.