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  • Professionals (27)
  • Capabilities (25)
  • Experience (2)
  • Insights & News (99)
  • Other Results (8)

Professionals 27 results

Kathi Vidal
Kathi Vidal
Partner
  • Washington, DC, 
  • Silicon Valley
Email
+1 (202) 282-5099
vCard

Partner

  • Washington, DC
  • Silicon Valley
Joseph C. Masullo
Joseph C. Masullo
Of Counsel
  • Washington, DC
Email
+1 202-282-5897
vCard

Of Counsel

  • Washington, DC
Mike Rueckheim
Mike Rueckheim
Partner
  • Silicon Valley, 
  • Houston
Email
+1 650-858-6433
vCard

Partner

  • Silicon Valley
  • Houston
View All Professionals

Capabilities 25 results

Practice Area

ITC – Section 337

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....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

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

Experience 2 results

Experience

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January 19, 2024

ITC ALJ Issues Win for AMD

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....Read more

Experience

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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....Read more

Insights & News 99 results

Tax Impacts

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July 21, 2025

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8 Min Read

One Big Beautiful Bill – Solar and Wind PTCs and ITCs

On Friday, July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (the OBBB), making permanent many of the tax provisions enacted under the 2017 Tax Cuts and Jobs Act and enacting many of the policy objectives of the Trump administration.  The following discussion summarizes at a high level some of the more significant consequences of the OBBB to the wind and solar industry—specifically, to the tech-neutral investment and production tax credits for solar and wind projects under Sections 45Y and 48E (the PTC and ITC, respectively) of the Internal Revenue Code (the Code).  The IRS and Department of the Treasury are also expected to issue additional guidance and regulations to interpret the OBBB.  Among other expected areas of additional guidance, on July 7, 2025, the Trump White House released Executive Order “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources” (the BOC EO), announcing its specific intention to cause Treasury to issue new guidance relating to the Beginning of Construction rules applicable under the ITC and PTC.On Friday, July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act (the OBBB), making permanent many of the tax provisions enacted under the 2017 Tax Cuts and Jobs Act and enacting many of the policy objectives of the Trump administration.  The following discussion summarizes at a high level some of the more significant consequences of the OBBB to the wind and solar industry—specifically, to the tech-neutral investment and production tax credits for solar and wind projects under Sections 45Y and 48E (the PTC and ITC, respectively) of the Internal Revenue Code (the Code).  The IRS and Department of the Treasury are also expected to issue additional guidance and regulations to interpret the OBBB.  Among other expected areas of additional guidance, on July 7, 2025, the Trump White House released Executive Order “Ending Market Distorting Subsidies for Unreliable, Foreign Controlled Energy Sources” (the BOC EO), announcing its specific intention to cause Treasury to issue new guidance relating to the Beginning of Construction rules applicable under the ITC and PTC.

Client Alert

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June 20, 2025

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2 Min Read

ITC Finds Post-Lashify that Sales and Marketing Investments Would Further Satisfy the Domestic Industry Requirement

The EPA announced on June 11 its intention to repeal three rules under the Clean Air Act that regulate emissions from power plants. This move comes as part of the Trump Administration’s broad energy and regulatory policy shift aimed at expanding domestic energy production, reducing regulatory burdens, and ensuring affordable, reliable energy, as outlined in Executive Order 14154— “Unleashing American Energy” and Executive Order 14156— “Declaring a National Energy Emergency” issued in January 2025. Critics of the Administration’s strategy fear that adverse impacts may result to the energy industry, public health, and the climate.

Client Alert

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May 8, 2025

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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. ...Read more
View All Insights & News

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)....Read more

Location

Washington, DC

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....Read more

Site Content

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