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Capabilities 62 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

Experience 27 results

Experience

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January 22, 2026

Advised SQM on US$600M offering of subordinated capital notes due 2056 (Hybrid Bond Offering)

Winston & Strawn LLP advised longstanding client Sociedad Química y Minera de Chile S.A. (“SQM”) (NYSE: SQM) on its US$600 million offering of subordinated capital notes. The notes were offered in the United States pursuant to Rule 144A and outside the United States pursuant to Regulation S.The subordinated capital notes are due in 2056 and constitute SQM’s first international hybrid bond issuance, structured to be consistent with SQM’s recent UF 10 million (approximately US$ 430 million) Series S hybrid-subordinated bond issuance in the Chilean securities market. The notes bear an initial annual interest rate of 5.625% and are subject to reset on April 22, 2031 (the “First Reset Date”), and on every fifth anniversary thereafter, based on a spread over the 5-year U.S. Treasury bond rate, with interest rate step-ups on the fifth and twentieth anniversaries of the First Reset Date. The transaction closed on January 22, 2026.BofA Securities, Inc., Goldman Sachs & Co. LLC, J.P. Morgan Securities LLC, Santander US Capital Markets LLC, and Scotia Capital (USA) Inc. acted as initial purchasers of the notes.Link Capital Partners was financial advisor to SQM.SQM is a global company with a leading position in the lithium, iodine, and potassium nitrate markets. It develops and produces a diverse range of products for industries essential to human progress, including health, nutrition, renewable energy, and technology, driven by innovation and technological development.The Winston & Strawn team advising on the transaction included corporate partner Sey-Hyo Lee (New York) and foreign legal advisor Bruno M. Fiorino (New York). Partner Katherine Erbeznik (New York) advised on tax matters....Read more

Experience

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September 8, 2025

Winston Wins Ninth Circuit Reversal and Class Certification in Swimmers’ Antitrust Case, Securing a Global-Impact Settlement with World Aquatics

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....Read more

Experience

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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....Read more
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Insights & News 1,249 results

Competition Corner

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February 13, 2026

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2 Min Read

Federal Court Strikes Down New HSR Form

On February 12, 2026, the Eastern District of Texas overturned the Federal Trade Commission’s (FTC’s) new Hart-Scott-Rodino (HSR) Act notification form that has been in effect for the last year.

Winston’s Environmental Law Update

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February 11, 2026

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7 Min Read

Packaging EPR Regulations Sputter, as Preliminary Injunction Is Issued for Oregon’s Law, While California Again Withdraws Its Proposed Implementing Regulations

Seven states have passed Extended Producer Responsibility (EPR) laws related to single-use packaging and plastic food serviceware, with other states considering similar legislation. The intent of these laws is to hold the producers of covered materials financially responsible for their ultimate disposal. Certain states are also requiring the reduction of plastic or non-recyclable plastic used in these materials over time. Legislation is in various stages of implementation, and Oregon is the first state to issue fees to producers. In connection with a legal challenge to Oregon’s EPR program, a court recently granted a preliminary injunction, preventing Oregon from enforcing the law against the plaintiff (an industry group) pending resolution of the case. Meanwhile, CalRecycle continues to struggle with finalizing its proposed regulations implementing California’s EPR law, this time withdrawing its proposed regulations to tinker with provisions related to food and agricultural commodities.

Competition Corner

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February 9, 2026

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9 Min Read

Ninth Circuit Rules U.S. Antitrust Law Applies to Ex-U.S. Sales When Contract Negotiated in the U.S.

On January 8, 2026, the Ninth Circuit Court of Appeals allowed U.S. company Seagate Technology LLC and its foreign entities—Seagate Thailand and Seagate Singapore—to move forward with their claims against Japanese company NHK Spring Co., Ltd. under United States antitrust (i.e., competition) laws. 

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Other Results 27 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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