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Professionals 255 results
Capabilities 49 results
Practice Area
Tax Controversy & Criminal Tax
Our Tax Controversy attorneys advise and represent clients in every aspect of federal and state tax investigations, as well as the criminal tax enforcement process. This includes the Internal Revenue Service’s (IRS) multi-jurisdictional examinations and administrative appeals, U.S. Competent Authority representations, post appeals mediation, and trial court and appellate litigation in every federal court hearing a tax matter.
Practice Area
Our nationally recognized Appellate & Critical Motions (ACM) Practice delivers sophisticated legal advocacy and analysis before trial, at trial, and on appeal. From state trial courts to the U.S. Supreme Court, our ACM attorneys identify, preserve, and present the critical legal issues that can make the difference between winning and losing.
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).
Experience 19 results
Experience
|September 8, 2025
Winston represents a class of professional swimmers alleging World Aquatics (WA) violated antitrust laws by blocking their participation in the competing International Swimming League. After WA won summary judgment, Winston successfully appealed, arguing the court applied improper antitrust standards and wrongly denied certification of a damages class. In September 2024, the Ninth Circuit reversed both rulings, reviving all claims and issuing a landmark ruling on the possible application of the per se rule or quick look review to sports-associations rules. Am Law awarded Winston “Litigator of the Week” Runner-Up recognition for the win. In November 2024, the Ninth Circuit denied rehearing. In April 2025, the district court certified a damages class.
Experience
|July 30, 2025
Represent Norman W. Fries, Inc. d/b/a Claxton Poultry Farms in a series of 15+ antitrust class actions consolidated in the Northern District of Illinois and brought by plaintiffs who allege that Claxton and the nation’s other largest poultry producers conspired to fix the price of broiler chickens in a scheme from 2008 to 2016 that raised the price for broiler chickens by artificially reducing supply.
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.
Insights & News 1,091 results
Winston’s Environmental Law Update
|November 21, 2025
|4 Min Read
On November 18, 2025, the Ninth Circuit Court of Appeals ruled to temporarily stay implementation of California SB 261, the state’s corporate climate-related financial risk reporting law, while an appeal is pending related to an industry group-led challenge to the law. In the short ruling, the Ninth Circuit denied the motion to stay implementation of the companion bill, the Climate Corporate Data Accountability Act.
Recognitions
|November 12, 2025
|2 Min Read
Winston Lawyers Named as 2025 Law360 MVPs
Winston partners Jeffrey Kessler and Tom Melsheimer merited inclusion on Law360’s 2025 MVPs list. As described by Law360, this year’s winners “have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.”
Pro Bono In Action
|November 12, 2025
|2 Min Read
Winston Wins $112 Million Verdict for Immigrants Unlawfully Held by Suffolk County Sheriff’s Office
Following eight years of hard-fought litigation, including a 5-day trial, a jury awarded $112 million in damages to a certified class of 670+ immigrants who were unlawfully detained by the Suffolk County Sheriff’s Office (the County) based solely on detainers issued by ICE without showing probable cause.
Other Results 22 results
Law Glossary
What Is the Patent Trial and Appeal Board?
The Patent Trial and Appeal Board (PTAB) is a tribunal within U.S. Patent and Trademark Office. The PTAB oversees trial proceedings, namely: inter partes review (IPR), post-grant review (PGR), covered business method (CBM) review, and derivation proceedings. The Board also hears appeals from adverse patentability decisions by patent examiners in original applications, reissues, and reexaminations. And, while phasing out since the passage of the America Invents Act (AIA) in 2011, the PTAB is also responsible for deciding interferences. The PTAB was previously referred to as the Board of Patent Appeals and Interferences and was renamed by the AIA.
Law Glossary
What Is an Inter Partes Review (IPR)?
An inter partes review of a patent is a type of administrative trial proceeding. Inter partes review became available in 2012 and replaced inter partes reexamination as a way to challenge patentability at the Patent Office. Any person who is not the owner of a patent can file a petition for a review of a patent. The Patent Trial and Appeal Board (PTAB) will act on the petition either instituting a trial or denying institution of a trial. This will occur a little over six months after the petition is filed. If trial is instituted, the proceeding will, with some limited exceptions, be resolved within one year.
Location
Launched in 2013, Winston & Strawn’s Silicon Valley office is home to nationally recognized attorneys that draw clients from Fortune 500 companies, startups, and everything in between. Led by Kelly Hunsaker—who has deep roots in Silicon Valley spanning nearly three decades—the office draws from the firm’s deep bench strength and global network of resources to serve clients in a variety of industries, including the semiconductor, computer hardware and software, telecommunications, life sciences, and pharmaceutical sectors. The office’s intellectual property attorneys have litigated extensively in all the top national patent litigation venues, as well as before the International Trade Commission and the Patent Trial and Appeals Board of the USPTO.