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Capabilities 61 results

Practice Area

Patent Litigation

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)....Read more

Practice Area

Appellate & Critical Motions

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....Read more

Practice Area

Intellectual Property

Winston’s Intellectual Property (IP) Practice is one of the most active and highly regarded in the United States per Chambers USA, Benchmark Litigation US, and Best Law Firms®, among other ranking organizations. Our team features some of the country’s best IP lawyers, attorneys with the technical abilities to litigate and try highly complex IP disputes, and technical lawyers who provide critical advisory services....Read more

Insights & News 1,299 results

Benefits Blast

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August 12, 2025

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5 Min Read

New Executive Order Directs Agencies to Facilitate 401(k) Access to Private Equity, Cryptocurrency, and Other Alternative Investment

On August 7, President Trump signed an Executive Order directing the DOL, the SEC, and Treasury (including the IRS) to review and revise guidance to facilitate the inclusion of alternative investments—such as private equity, cryptocurrency, and other non-traditional assets—in defined contribution retirement plans. The Executive Order follows action in May of this year by the DOL to rescind its 2022 guidance that discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans.

Competition Corner

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August 11, 2025

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6 Min Read

Epic v. Google: Setting the Bar for Affirmative Antitrust Remedies in the Digital Age

The July 2025 decision by the Ninth Circuit Court of Appeals in Epic Games v. Google marks a landmark development in the ongoing evolution of antitrust remedies for unilateral conduct in the technology sector. The court’s willingness to affirm not just prohibitory, but also mandatory, forward-looking injunctions—requiring Google to take affirmative steps to open its Android app ecosystem to competition—signals a vigorous approach to restoring competition in digital platforms.

Client Alert

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August 5, 2025

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2 Min Read

USPTO Tightens IPR Petition Requirements

On July 31, 2025, the USPTO issued a memorandum announcing that, starting from September 1, 2025, it will interpret its own rule 37 C.F.R. § 42.104(b)(4) as limiting the IPR grounds that can be brought before the Office. Congress provided the USPTO the authority under 35 U.S. Code § 312(a)(4) to promulgate regulations to require certain information in an IPR petition. Pursuant to this provision, the USPTO promulgated Rule 42.104(b)(4), which requires that the petition “specify where each element of the claim is found in the prior art patents or printed publications relied upon.” Though prior administrations applied this clause consistent with the Federal Circuit case law—recently reinforced in Shockwave—that although “only patents and printed publications form the basis of an IPR petition’s unpatentability grounds . . . [applicant admitted prior art] can be important evidence of general background knowledge, and general knowledge can be used to supply a missing claim limitation,” the USPTO is now interpreting its own regulation as not allowing applicant admitted prior art (AAPA) to supply missing claim limitations....Read more
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Other Results 26 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....Read more

Site Content

What Is Failure to Warn?

In the product liability context, a failure to warn claim arises when a plaintiff alleges that a product lacked an adequate warning regarding potential risks associated with its use. To succeed in a failure to warn claim, a plaintiff typically needs to demonstrate that the lack of a warning regarding a particular potential harm rendered the product unreasonably dangerous, and that adequate warnings would have ultimately prevented the alleged harm....Read more

Location

San Francisco

Opened in 2003, Winston & Strawn’s San Francisco office is located in the financial district, just down the road from the Bay Area’s technology epicenter. Our team—now 25+ lawyers strong—keeps a finger on the pulse of the rapidly evolving financial services and technology sectors, and offers support across a wide spectrum of services, including antitrust/competition, commercial litigation and disputes, government investigations and compliance, intellectual property, labor and employment, mergers and acquisitions, and product liability. The San Francisco team works seamlessly with lawyers and departments across the firm’s global network to ensure the highest quality service to our clients. With a culture that represents the Bay Area’s innovative spirit, our lawyers are regularly honored with high-profile awards and frequently recognized by publications, such as Chambers USA, The American Lawyer, the Daily Journal, and The Recorder....Read more
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