Delaware

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Richards Layton Atty Confirmed To Join Del. Chancery Bench

    Delaware's Senate on Thursday confirmed a Richards Layton & Finger PA director to a 12-year term as a vice chancellor on the Chancery Court.

  • October 01, 2026

    Delaware Powerhouse: Richards Layton

    Richards Layton & Finger PA remains one of Delaware's standout firms by continuing to attract top talent, handling a wide variety of corporate, intellectual property and other matters, and playing a role in shaping key corporate law provisions.

  • October 01, 2026

    Tech Co. AdHawk's Investors Sue Over $15M Merger Earnout

    Two shareholders of adHawk Inc. have sued the flooring software company's former directors and officers in Delaware Chancery Court, accusing the insiders of diverting $15 million from a roughly $159 million sale to Cyncly and giving themselves access to equity in the buyer that other stockholders were denied.

  • October 01, 2026

    Monthly Merger Review Snapshot

    State enforcers settled their case challenging Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, while the U.S. Department of Justice probes Fox's planned $22 billion deal for Roku and regulators review massive deals in the energy and railroad sectors.

  • October 01, 2026

    Kirkland Tapped To Replace HSF Kramer In Power Plant Ch. 11

    West Virginia coal plant Omnis Pleasants LLC has hired Kirkland & Ellis LLP in its contentious Delaware Chapter 11 after Herbert Smith Freehills Kramer LLP's previous work for key creditors disqualified it as debtors counsel.

  • September 30, 2026

    'Numerical Mumbo Jumbo': Gogo Escapes $22.7M IP Damages

    A federal judge Wednesday undid a damages award of roughly $22.7 million against Gogo Business Aviation for infringing four patents held by rival in-flight Wi-Fi company SmartSky Networks, saying SmartSky had leaned on "numerical mumbo jumbo" in its damages case before a Delaware jury.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    Ex-Verint Directors Sued Over Allegedly Undervalued Sale

    A former shareholder of customer service software company Verint Systems Inc. has accused several of the company's former directors of allowing shareholders to approve an undervalued sale of the company to private equity firm Thoma Bravo last year.

  • September 30, 2026

    3rd Circ. Topples Materiality Rule For Securities Suits

    The Third Circuit on Wednesday revived a securities fraud class action against pharmaceutical company Ocugen Inc., scrapping a decades-old circuit rule that treated a stock price's failure to move after a corrective disclosure as conclusive proof that an alleged misstatement was immaterial.

  • September 30, 2026

    3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

    The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

  • September 30, 2026

    3rd Circ. Probes Payment Recipients In Fund's $100M Tax Row

    A Third Circuit panel examined dealer-and-customer relations under accounting rules governing their transactions on Wednesday to determine whether the Internal Revenue Service was right to slap a $100 million tax bill against a Cayman Islands hedge fund for payments tied to U.S. portfolio companies.

  • September 30, 2026

    Judge Erases $14M Charger Patent Verdict Against Anker

    A Delaware federal judge has wiped out a $14 million jury verdict against Hong Kong electronics company Anker Innovations after finding its rival litigant, Fundamental Innovation Systems International LLC, failed to properly prove the apportionment segment of the case.

  • September 30, 2026

    Amazon, Investor Clash Over Del. Forum Limits On Records

    Amazon.com Inc. and a stockholder seeking company records clashed before the Delaware Supreme Court on Wednesday over whether the investor should be restricted to using those documents in Delaware litigation, with the stockholder arguing the condition is too broad and Amazon saying it protects against duplicative lawsuits in multiple courts.

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    Relator Must Seek Part Of $4.7B Opioid Deal In State Courts

    A whistleblower must turn to state courts to pursue his bid for a portion of a $4.7 billion settlement between Walgreens Boots Alliance Inc. and a group of states resolving opioid-related claims against the retail pharmacy chain, an Illinois federal judge ruled.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    Delaware Powerhouse: Potter Anderson

    Delaware powerhouse Potter Anderson & Corroon LLP is marking its 200th year in business, a year spent representing famous names and corporate giants like Nikola, Bally's, Pfizer and SiriusXM in matters ranging from bankruptcies to patents to corporate disputes.

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

  • September 29, 2026

    Lupin Strikes Deal In States' Generic Drug-Price Fixing Suit

    Lupin Pharmaceuticals has reached a settlement with multiple states to resolve allegations that it conspired with G&W Laboratories Inc. to raise prices of the tuberculosis drug Ethambutol during a supply shortage years ago, according to a minute order entered in Connecticut federal court on Monday.

  • September 29, 2026

    Del. Chancery Rejects Saama Founder's $68M Earnout Bid

    The Delaware Chancery Court has rejected a bid from Saama Technologies founder Suresh Katta for a $67.5 million earnout tied to Carlyle Group's 2021 investment in the clinical data company and ordered him to pay Saama about $7.3 million, finding that he acted in bad faith by pushing contracts that damaged the business to maximize the payout.

  • September 29, 2026

    States' Temporary Aid Data-Sharing Injunction Bid Falls Short

    A D.C. federal judge declined to block a Trump administration policy allowing disclosures of temporary financial assistance recipients' sensitive personal information to federal authorities, saying that while it "seems plausible" this will chill participation in the program, Democratic-led states challenging the policy haven't provided "concrete evidence" of such harm.

Expert Analysis

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Safeguarding RWI Coverage As Materiality Focus Persists

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    As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • How Oregon Ruling Affects Federal Gender Care Crackdown

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    In a favorable development for healthcare providers, an Oregon federal court recently vacated certain U.S. Department of Health and Human Services restrictions on gender-affirming care for minors, but the government's broader campaign against this care, including proposed rulemaking and agency investigations, leaves significant uncertainty, say attorneys at Arnold & Porter.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

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