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Professionals 247 results
Capabilities 56 results
Practice Area
We routinely help clients protect and commercialize their intellectual property (IP) assets and provide due diligence on complex technology and IP transactions. We negotiate and draft IP licenses and transfers; provide strategic guidance on optimal structures for IP and IT transactions; and evaluate copyright, trademark, and patent portfolios and provide related due diligence activities in connection with IPOs, mergers and acquisitions, private equity investments, licenses, and other corporate transactions.
Practice Area
Our Patent Litigation Practice is one of the country’s most active and highly regarded. Our seasoned patent litigators bring extensive courtroom experience to every matter we handle. According to Lex Machina, we are among the top three national patent defense firms in the country for number of appearances and cases filed, and we also were the top national defense firm for number of patent trials in the last five years (2018–2022).
Practice Area
The United States International Trade Commission (ITC) is an increasingly popular venue for patent infringement litigation. More and more companies are seeking to halt importations of infringing products into the United States by turning to the ITC for expedited relief. Section 337 investigations conducted by the ITC provide complainants with a “fast track” to remedy IP matters that typically go to trial within 10 months. Since many Section 337 cases go to trial, selecting an ITC litigation team with a command of the technology, patent law, and specialized procedural practice is extremely important. We have handled more than 100 cases before the ITC.
Experience 26 results
Experience
|June 25, 2025
Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom
Winston secured an appellate victory for Polycom (now part of HP) when the Federal Circuit affirmed a judgment on the pleadings of patent-ineligibility in a lawsuit brought by directPacket Research, Inc. Working closely with HP, Winston argued that all claims of the asserted patent were directed to the abstract idea of translation via an intermediate protocol, with no inventive concept. The Northern District of California agreed, and the Federal Circuit unanimously affirmed, adopting Winston’s arguments. Eimeric Reig argued the appeal, working with HP and the Winston team, including Kathi Vidal, Kelly Hunsaker, Sam Lerner, Matt McCullough, and David Dalke.
Experience
|May 15, 2025
Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings
Ask Sydney sued Snap along with four large tech companies in the Western District of Texas, Waco Division, asserting infringement of two related patents on methods of generating and presenting images to a user to determine the user’s interest. Working closely with Snap, Winston successfully moved to transfer the case to the Central District of California, then moved for judgment on the pleadings of patent-ineligibility under § 101 of the Patent Act. Following a hearing with multiple rounds of argument, the district court granted the motion, adopting Winston’s arguments that distinguished findings by the patent examiner during prosecution and by the Western District of Texas, which had denied § 101 motions brought by two other defendants. Ask Sydney appealed, but the Federal Circuit summarily affirmed three days after oral argument, handing Snap a decisive win invalidating all claims of both asserted patents. Eimeric Reig led the strategy and argued the appeal and motion hearing, working with Kathi Vidal and Kelly Hunsaker.
Experience
|April 30, 2025
In December 2022, Winston convinced Judge Albright of the W.D. Tex. to reverse his tentative construction and invalidate four patents based on means-plus-function indefiniteness at claim construction in the district court. Winston also persuaded Judge Albright to deny Fintiv’s motion for reconsideration the next month. Fintiv appealed to the Federal Circuit, which affirmed the district court in a precedential opinion in April 2025. Winston overcame a significant amount of sleight of hand from Fintiv, which continually shifted the purported structure of the “payment handler” term through claim construction, its motion for reconsideration, and appellate briefs, muddying the record. Ultimately the opinion clearly distinguished the factual record from that in Dyfan v. Target, curbing patentees abilities to argue that all code or applications are a “class of structures” and not indefinite under 112(f). The Federal Circuit affirmed four of the five patents Winston invalidated for PayPal, effectively foreclosing Fintiv’s ability to revive these patents for assertion. Winston also invalidated the fifth patent at the PTAB; Fintiv’s appeal of that Final Written Decision is pending.
Insights & News 1,544 results
Competition Corner
|October 21, 2025
|3 Min Read
Algorithmic Software Faces Growing State and Local Regulation – What Companies Should Do Now
With advancements in artificial intelligence, the use of algorithmic software has increased across a variety of industries. So too has scrutiny by antitrust agencies, private plaintiffs, and state and local governments across the country.
Sponsorship
|October 15, 2025
Winston & Strawn Sponsors, Speaks at ChIPs 2025 Global Summit
Winston & Strawn was a proud sponsor of the 2025 ChIPs Global Summit, which brings together women from all over the world working in technology, policy, private practice, corporations, government, academia, and beyond. Each year, the summit aims to advance innovation through diversity of thought and connect women through engagement opportunities.
Client Alert
|October 6, 2025
|4 Min Read
Debanking Developments: New Regulatory Scrutiny Coming After Trump Executive Order
In this alert, Winston’s Financial Services Industry Group examines the latest developments in regulatory scrutiny of “debanking,” with a particular focus on recent actions following a Trump administration executive order.
Other Results 47 results
Law Glossary
An original work of authorship that is fixed in a tangible form and exhibits at least a minimal amount of creativity may be protected by U.S. copyright law. Under the law, a copyright owner has various exclusive rights to use the protected work, including the right to make copies of it; create derivative works based on it; and distribute it to the public. For certain types of works, the copyright owner also has the exclusive right to publicly perform or publicly display the work.
Law Glossary
What Is the Standard for the FDA to Grant a Biosimilar License?
Granting a Biosimilar License
Law Glossary
Colloquially referred to as the “patent dance,” the BPCIA provides a framework that includes certain steps and a schedule during which the applicant and reference product sponsor exchange confidential information disclosed in the aBLA. During the patent dance, the applicant and sponsor identify the patents that could be litigated in the future during two potential phases of litigation. In the first phase, the sponsor can allege infringement of a subset of the patents identified during the patent dance. The second phase begins after the sponsor receives the Notice of Commercial Marketing from the applicant. During this second phase, the sponsor can assert any remaining patents that were not asserted in the first phase.