On January 20, 2026, in an en banc ruling, the Delaware Supreme Court unanimously reversed and vacated the Court of Chancery’s 2024 decision invalidating provisions of Moelis & Co.’s stockholder agreement. The Court expressly...more
On January 26, in a lawsuit alleging a consumer reporting agency’s failure to reinvestigate consumer disputes and maintain reasonable policies and practices concerning the accuracy of consumer credit information, the U.S....more
Chicago SALT Partner David Hughes recently moderated a panel on “Equity and State Taxes: Equitable Doctrines and Their State Tax Application” at the American Bar Association 2026 Midyear Tax Meeting....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
U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more
On September 2, 2025, Arbitrator Ira F. Jaffe refused to invalidate a 14-year-old withdrawal liability assessment merely because the pension fund did not issue the assessment “as soon as practicable,” as required by 29 U.S.C....more
In trademark action between two guitar manufacturers that ended with jury verdict finding use of counterfeit mark and intentional infringement, district court enjoins sale of infringing products, orders disgorgement of...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 Google LLC v. Sonos, Inc., the U.S. Court of Appeals for the Federal Circuit reversed in part a district court ruling that had held Sonos’s “Zone Scene” patents unenforceable due to prosecution laches. The Federal Circuit...more
The practice of serially filing continuation applications through a patent’s lifetime has come under increased pressure in recent years from newly implemented continuing application fees to expanded case law on non-statutory...more
In Short The Situation: In Case C‑452/24, Lunapark Scandinavia Oy Ltd v Hardeco Finland Oy, the Court of Justice of the European Union ("CJEU") was asked whether a general national principle of forfeiture/laches for "failure...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment for the US Patent & Trademark Office (PTO) on application of prosecution laches in an action under 35 USC § 145. The Federal Circuit also...more
Global Health Solutions LLC, v. Marc Selner, No. 2023-2009 (Fed. Cir. (PTAB) Aug. 26, 2025). Opinion by Stark, joined by Stoll and Goldberg. “This case marks [the Federal Circuit’s] first review of an AIA derivation...more
In Google v. Sonos, the Federal Circuit soundly disposed of arguments that the patent-in-suit was unenforceable due to laches based on an “unreasonable delay” in patent prosecution. Does the court’s reasoning foreclose the...more
In October 2023, we reported on the district court decision in Sonos, Inc. v. Google LLC. The decision was notable for reviving the prosecution laches doctrine to render unenforceable a continuation patent filed 13 years...more
The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more
At summer’s start, the U.S. Court of International Trade (“CIT”) made headlines with a landmark decision invalidating the Trump Administration’s imposition of tariffs on nearly all imported goods from nearly all U.S. trading...more
Global Health Solutions LLC v. Selner, Appeal No. 2023-2009 (Fed. Cir. Aug. 26, 2025) - In our Case of the Week, the Federal Circuit conducted its first review of a derivation proceeding under the America Invents Act that...more
On July 18, 2025, U.S. District Judge Sarah Morrison of the Southern District of Ohio granted motions filed by the Ohio State University (“OSU”), Learfield Communications, the National Collegiate Athletic Association (“NCAA”)...more
District court grants Disney’s motion for summary judgment, holding it did not infringe plaintiffs’ copyright in blue-eyed ukulele-playing turtle character, but rather independently created its own musical turtle character,...more
Seven bipartisan sponsors introduced the Holocaust Expropriated Art Recovery Act of 2025 on May 22, 2025, as Senate Bill 1884. The bill would extend provisions of the Holocaust Expropriated Art Recovery Act (HEAR Act) of 2016...more
The US Court of Appeals for the Ninth Circuit upheld a $56 million trial verdict in a trademark dispute, finding that the evidence supported the jury’s conclusion that a beer company’s rebranding of one its beers infringed a...more
It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more
The US Court of Appeals for the Seventh Circuit affirmed a district court’s ruling that aggrieved family members’ counterclaims for various intellectual property matters were long overdue and subject to a laches defense....more
After the district court, on remand, held that laches did not bar relief, the US Court of Appeals for the Third Circuit again determined that the district court abused its discretion by not properly applying the presumption...more