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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.
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.
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 2 results
Experience
|January 19, 2024
Served as lead trial counsel to defend AMD in a massive ITC action brought against AMD by its competitor Realtek Semiconductor Corp. Realtek accused AMD of infringing three patents relating to integrated circuit designs. AMD faced an exclusion order and a cease-and-desist order at the ITC. Administrative Law Judge (ALJ) Cameron Elliot’s decision found that all asserted claims of two of the patents were invalid for multiple reasons. For the third patent, he ruled that all asserted claims were not infringed by AMD, and that all but one of those claims were also invalid. ALJ Elliot also found that Realtek had not proven the existence of the economic prong of domestic industry—a rare outcome at the ITC. The win is significant for AMD because dozens of its product families were implicated. It also sends a signal to non-U.S. companies that the ITC’s domestic-industry requirement has teeth and cannot be assumed to exist based merely on a patentee’s alleged licenses with U.S.-based entities.
Experience
|December 10, 2020
The Care Team's Acquisition of InTeliCare Home Health and Hospice
Winston & Strawn LLP represented The Care Team (TCT), a prominent hospice and home health provider in central and eastern Michigan, in its acquisition of InTeliCare Home Health and Hospice (ITC). TCT is a portfolio company of Revelstoke Capital Partners, a Denver-based private equity firm. This transaction marks TCT's first acquisition since partnering with Revelstoke and serves as a key building block for positioning the company as one of the leading home health and hospice providers in the Great Lakes region. ITC is a leading home health and hospice provider in the northern half of Michigan's lower peninsula.
Insights & News 95 results
In the Media
|May 13, 2026
|1 Min Read
Alexander Ott Discusses ITC Litigation Funding Disclosure Proposal with Law360
Winston & Strawn partner Alexander Ott was quoted in a Law360 article discussing the U.S. International Trade Commission (ITC)’s proposed rule requiring disclosure of litigation funding in Section 337 intellectual property investigations. The proposed rule would require parties appearing before the ITC to disclose litigation funding arrangements and entities with financial interests or authority over litigation and settlement decisions. According to the article, the ITC stated that the information could help identify conflicts of interest and provide greater clarity in Section 337 investigations.
In the Media
|April 6, 2026
|1 Min Read
Alexander Ott Joins Winston in Washington, D.C.
Winston & Strawn recently announced that Alexander Ott has joined the firm’s Washington, D.C. office as a partner in the Litigation Department and a member of the International Trade Commission (ITC) Practice. Alex focuses on complex patent disputes and represents clients in high-technology industries, including semiconductor, wireless networking, LED, and software technologies. He has led numerous ITC Section 337 investigations and has represented clients before the Federal Circuit, in inter partes review (IPR) and post-grant review proceedings at the U.S. Patent and Trademark Office (USPTO), and in federal district courts.
Press Release
|April 1, 2026
|1 Min Read
Winston Expands IP Practice with ITC Partner Alexander Ott
Washington, D.C. – April 1, 2026 – Winston & Strawn LLP announced today that Alexander Ott has joined the firm as a partner in the Litigation Department and the International Trade Commission (ITC) Practice in Washington, D.C.
Other Results 8 results
Site Content
What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).
Location
Winston & Strawn’s Washington, D.C. office—the first outside of Chicago—opened its doors in 1970. The office is home to 75+ lawyers, many of whom are nationally recognized and award-winning, with experience navigating clients through regulatory and enforcement issues as well as complicated governmental processes. Located in the center of the nation’s capital, the D.C. office assists clients at the intersection of business, government, and law. We represent 75+ Fortune 500 companies and employ eight lawyers with prior government experience. The office also boasts a nationally ranked eDiscovery group known for providing a full-service practice.
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