6 Things To Consider Before Litigation
Counterclaims and Counterpunching to a Lawsuit – Speaking of Litigation Podcast
PODCAST: Williams Mullen's Benefits Companion - Cybersecurity Considerations for Retirement Plan Sponsors
Making Effective Use of the Claims/Disputes Process
A recent United States Court of Appeals for the Federal Circuit (“Federal Circuit”) decision highlighted the importance of litigation strategy. ...more
In Lituma v. Liberty Coca-Cola Beverages LLC, New York’s Appellate Division, First Department affirmed the trial court’s decision to vacate note of issue and order further discovery into plaintiffs’ third-party litigation...more
On November 12, 2025, Regeneron filed a Motion to Strike Certain Affirmative Defenses and Dismiss Certain Counterclaims against Amgen in the aflibercept patent litigation in the U.S. District Court for the Northern District...more
In 2024, plaintiff Daniel Human sued Fisher Investments, alleging violations of the Telephone Consumer Protection Act, and bringing the case on behalf of a putative class. The defendant removed the case to federal court and...more
A California federal court denied a franchisee’s motion to dismiss a franchisor’s counterclaims related to the loss of future royalties after terminating two separate franchise agreements in Ohio....more
The Wisconsin Court of Appeals, applying Wisconsin law, reversed a circuit court’s order granting an insurer’s motion for declaratory and summary judgment that its policy’s prior notice exclusion barred coverage for certain...more
As we previously reported, on June 17, 2025, Regeneron filed a complaint against Amgen under the BPCIA, alleging that Amgen’s aflibercept biosimilar, PAVBLU, infringes U.S. Patent No. 12,331,099 (“the ’099 patent”)....more
In Matière SAS v. ABM Precast Solutions Ltd, the High Court held that a Part 36 offer made by the claimant represented a genuine offer to settle the claim but effectively offered nothing in respect of the counterclaim....more
A federal court in California recently denied a franchisee’s motion to dismiss two of a franchisor’s counterclaims, each related to the loss of future royalties for the termination of the parties’ franchise agreements,...more
An Arizona federal court dismissed a franchisee’s counterclaims for breach of contract, defamation, and injunctive relief against LeTip World Franchise, a professional networking franchisor....more
The court held that the statute of limitations began to run from the date when a former employee produced confidential company financial during discovery in an unrelated matter, and not from the earlier date when the former...more
Sunstar Engineering Europe GmbH v. Ceracon GmbH, Mannheim Local Division, June 6, 2025 (UPC_CFI_745/2024) The UPC has recently clarified its strict approach to amending counterclaims for revocation in patent litigation....more
The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more
A federal court in Arizona recently dismissed a franchisee’s counterclaims for breach of contract, defamation, and injunctive relief against its former franchisor. LeTip World Franchise LLC v. Long Island Soc. Media Grp. LLC,...more
On March 10, 2025, a Minnesota state court judge granted in part and denied in part a credit union’s motion for summary judgment—and granted the defendants’ motion for leave to assert counterclaims against the credit union—in...more
The Grand Court has clarified that, where a company in official liquidation commences proceedings claiming that it holds certain rights, in order for the defendant to proceed with a counterclaim asserting that it is the true...more
Being served with a lawsuit is frustrating, and sometimes nerve-racking, even for seasoned in-house counsel. Having a plan in place to quickly and appropriately address new lawsuits can ease the stress of being sued....more
Arizona employer cannot exclude settlement communications from former employee’s retaliation complaint - In Flores v. Rafi Law Group PLLC, the plaintiff accused her law firm employer of retaliating against her by (i)...more
The AirBoss saga continues… This holiday season, AirBoss Flexible Products Co. received a monumental legal victory, righting a costly wrong in MSSC, Inc. v. AirBoss. The Court awarded AirBoss nearly $3.5 million in damages,...more
The Appellate Court of Illinois has held that an underlying lawsuit was interrelated with another lawsuit brought against the insured by a different claimant, and thus precluded from coverage pursuant to the policy’s...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
A federal court in Pennsylvania recently granted battery supplier C&D Technologies, Inc.’s motion to dismiss counterclaims brought by its former distributor Elliott Auto Supply Co, Inc. d/b/a Factor Motor Parts’ (FMP). C&D...more
Pinnacle IV, L.P. v. Cyberlabs AI Holdings Ltd., C.A. No. N23C-04-021 MAA CCLD (Del. Super. July 11, 2024) - Who can be held liable for a fraudulent statement is often a key issue in fraud claims. In this decision from...more
After filing a new drug submission for its ustekinumab biosimilar PYZCHIVA (Janssen’s STELARA), Samsung commenced the underlying action against Janssen for impeachment of Canadian Patent No. 3,113,837. Janssen sought to add a...more
Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: 9th Cir....more