WASHINGTON, D.C. - A party claiming declaratory judgment jurisdiction bears the burden of establishing that jurisdiction existed at the time of the claim for relief and that it has continued since, the Federal Circuit U.S. Court of Appeals held July 20, adding that the party must make more than a "scant showing" of a continuing justiciable controversy (Benitec Australia, Ltd. v. Nucleonics, Inc., No. 06-1122, Fed. Cir.; 2007 U.S. App. LEXIS 17299).
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On Remand From High Court, Federal Circuit Overturns Safe Harbor Decision

WASHINGTON, D.C. - Under the U.S. Supreme Court's Merck decision, the safe harbor from infringement for certain drug experiments does not depend on a distinction between whether the experiments were routine or discovery-oriented, but rather on "whether the threshold biological property and psychological effect had already been recognized as to the candidate drug," the Federal Circuit U.S. Court of Appeals held July 27 (Integra Life Sciences Corporation, et al. v. Merck KGaA, et al., Nos. 2002-1052, -1065, Fed. Cir.; 2007 U.S. App. LEXIS 17930).
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Earth Movement Exclusion Bars Coverage, New York Judge Rules

NEW YORK - A homeowners policy's earth movement exclusion bars coverage for a shifting foundation whether the shift was caused by a defectively installed underground pipe or by soil compaction, a New York federal judge ruled July 11 (Filippo Alamia, et al. v. Nationwide Mutual Fire Insurance Co., No. 06-CIV-2880, S.D. N.Y.; 2007 U.S. Dist. LEXIS 49948).
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Defendant Wins Dismissal Of Copyright Claims In Dispute Over Book

DALLAS - A plaintiff's claim for intentional infliction of emotional distress must fail where it is based solely on the defendants' alleged copyright infringement, a federal judge concluded July 16 (Phillip Busch v. Lance Williams, et al., No. 3:06-CV-1352-D, N.D. Texas).
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