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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
Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
Experience 10 results
Experience
|August 15, 2024
Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case
Experience
|January 19, 2024
Insights & News 614 results
Client Alert
|June 12, 2025
|3 Min Read
Oregon Enacts SB 951, Restricting PE-Backed MSOs in Physician Practice Transactions
On June 9, 2025, Oregon enacted Senate Bill 951 (SB 951), a sweeping new law significantly limiting how management services organizations (MSOs)—including those backed by private-equity firms—may engage with physician practices. The legislation targets traditional “friendly provider” models by restricting ownership and operational control of professional medical entities and voiding restrictive covenants. Investors must now reassess Oregon-based physician practice investments to ensure compliance by 2026 (for new MSOs) and 2029 (for existing ones). It’s noteworthy that this law will coexist with Oregon’s complicated health care transactions notice law, a law that requires a thorough review of certain health care transactions.
Recognitions
|June 12, 2025
|1 Min Read
Winston & Strawn Recognized in The Legal 500 U.S. 2025
Winston & Strawn is recognized as a top-tier firm in five areas and recommended in an additional 45 categories in the 2025 edition of The Legal 500 U.S. In addition, eight lawyers are listed in the Hall of Fame, four lawyers are recognized as Leading Trial Lawyers, 16 partners were ranked as Leading Partners, four associates are ranked as Leading Associates, one partner is ranked as a Leading Lawyer, five lawyers are recognized as Next Generation Partners, and two lawyers are listed as Rising Stars. A total of 186 lawyers are mentioned by name in Legal 500 United States commentary for their standout contribution to respective practices.
Client Alert
|June 10, 2025
|3 Min Read
We previously reported how the PTAB’s institution rate has fallen to approximately 40% in the new administration, with many of those denials stemming from the PTAB’s increased usage of its discretionary denial processes to deny IPR challenges without otherwise addressing the merits of the identified prior art. The latest grant of discretionary denial continues that trend and exemplifies the current challenges in pursuing IPR/PGR invalidity challenges at the U.S. Patent Office.
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What Is Trademark Infringement?
Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief.
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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).
Law Glossary
A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met.