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Case Notes
Analysis of a recent First Circuit decision.
Features
Kiobel and the Future of Environmental and Product Liability Litigation Under the Alien Tort Statute
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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Case Briefs
Highlights of the latest insurance cases from around the country.
Features
Avoiding the Excess Layers
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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Your Genes Are Not Patent Eligible, But Your 'Isolated' Genes Are
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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Bit Parts
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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No Injunction In Video-on-Demand Litigation
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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1992 Agreement Bars Recapture of Superman Copyrights
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.
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Parameters of Court Jurisdiction In Entertainment Litigations
The question of whether a court has personal jurisdiction over the parties in a particular lawsuit is fundamental and often raised. The national scope of the entertainment industry ' from artist concert touring to the interstate distribution of music, motion picture, TV and other creative content ' certainly makes personal jurisdiction a common issue in entertainment litigations. This article examines several recent court rulings as examples of how judges today are determining whether personal jurisdiction exists in entertainment cases.
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