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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
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.
Industry
The medical device industry is currently undergoing monumental change—from supply chain challenges to disruptive technologies and economic fluctuations. To pave the way for a more accessible and innovative health care landscape—including advances in wearables, implants, diagnostics, mobility, drug delivery—the evolving and expansive medical device industry faces wide-ranging legal needs. Clients in this sector can tap the remarkable depth and breadth of our sector-focused and skilled attorneys in the U.S. and abroad. Our Health Care & Life Sciences Industry Group engages clients at all points in the product development life cycle to provide sound advice and practical solutions regardless of the client’s size or the complexity of their need. We help clients navigate today’s complex regulatory landscape, defend products and reputations in the face of high-profile product liability and mass tort claims, protect innovative intellectual property (IP), and leverage cross-border experience to advise on commercial transactions.
Experience 1 result
Insights & News 126 results
Client Alert
|May 8, 2025
|4 Min Read
Federal Circuit Determines Meaning of ‘Ground’ in IPR Estoppel Statute As Matter of First Impression
The Federal Circuit decided Wednesday (May 7, 2025) an important issue of first impression: the meaning of the term “ground” in 35 U.S.C. § 315(e)(2). The opinion opens the door for more invalidity challenges in district court and ITC matters when a related IPR challenge has reached a final written decision.
Client Alert
|May 5, 2025
|5 Min Read
Acting Patent Trial and Appeal Board (PTAB) Director Coke Stewart was sworn in on January 20, 2025, rescinded the prior Director’s discretionary denial guidance on February 28, 2025, and implemented new guidance and a new discretionary denial briefing schedule between March 24 and 26, 2025. See here. Decisions on requests submitted under the new process are anticipated to start rolling out soon. The Patent Office reported receiving more than 40 requests for discretionary denial under the new process as of April 17. The process gives petitioners one month to respond to the requests and the PTAB another month to provide a decision.
In the Media
|May 2, 2025
|2 Min Read
Mike Rueckheim Discusses Patent Office’s New Denial Process FAQ with Law360
Winston & Strawn partner Mike Rueckheim was quoted in a Law360 article discussing the U.S. Patent and Trademark Office’s recently released answers to frequently asked questions about its new patent challenge denial process for post-grant (IPR/PGR) challenges. The USPTO recently established guidance and a bifurcated briefing process in which the Director, working alongside Patent Trial and Appeal Board judges, will decide whether each petition challenging a patent warrants discretionary denial. The board will consider the merits of the petition’s invalidity arguments only if it is not denied for discretionary reasons.
Other Results 12 results
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.
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.