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Winston has decades of experience representing clients in international arbitrations around the world. Representing clients in both commercial and investor-state international arbitrations, we are well known by the leading players in the global arbitration arena. Our integrated team of attorneys enforces awards worldwide, knows every angle of international disputes, and has a robust understanding of our client’s industries.
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International trade is essential for the growth and development of global economies and businesses. As international trade has expanded and developed, so too have the myriad rules and regulations that govern it. The global compliance environment is becoming more complex by the day and can be difficult to navigate without the assistance of experienced counsel. Failure to comply with international trade rules and regulations—even if done so unwittingly—can lead to civil and criminal penalties, monitorships, consent agreements, debarment, reputational damage, substantial administrative burden, legal expense, and unsatisfied business objectives. Increasingly, there also is exposure for individual officers/directors, which can include monetary penalties and, potentially, jail time.
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.
Experience 384 results
Experience
|April 11, 2025
Cuprina Holdings (Cayman) Limited Announces Closing of Initial Public Offering
Experience
|April 10, 2025
Titan Acquisition Corp Announces Closing of $276,000,000 Initial Public Offering
Insights & News 4,305 results
Seminar/CLE
|May 13, 2025
2025 Health Care & Life Sciences Summit
Winston & Strawn is pleased to host its fifth annual Health Care & Life Sciences Summit. Clients and friends of the firm are invited to join us to network with peers and gain insights from industry leaders and legal experts. The summit will take place live at our Chicago office, and CLE-eligible recordings of the Summit’s sessions will be available shortly following the event.
Speaking Engagement
|May 9, 2025
Join Winston & Strawn partners M. Imad Khan and Keerthika M. Subramanian for the upcoming online program “Hot Topics in International Arbitration and Strategic Transactions: Recent Developments and Key Trends in India” hosted by the Practising Law Insititute.
MaritimeFedWatch
|May 2, 2025
|4 Min Read
SHIPS for America Act Reintroduced – What’s New
On April 30, Senator Mark Kelly (D-AZ) together with several original co-sponsors re-introduced in the U.S. Senate the SHIPS for America Act, first introduced in December 2024, divided into two bills. Companion legislation was also introduced in the U.S. House of Representatives by Rep. Trent Kelly (R-MS) and Rep. John Garamendi (D-CA). This is a major, historic effort to revitalize the U.S. merchant marine. The legislation had to be re-introduced to be considered by the new U.S. Congress which commenced in January.
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Imports are goods that enter the customs territory of a given country after having been exported from a foreign destination. Imports and exports together represent foundational aspects of international trade. Therefore, they are often subject to trade agreements between jurisdictions, trade remedies that increase the cost of importing goods, and more cross-border considerations. In addition, countries may impose customs duties and/or tariffs, in other words taxes, on goods that enter the customs territory of a given country. Imports are fundamental to international trade and commerce. As such, legal issues arising from imports may implicate foreign policy, regulatory compliance, and cross-border transactions.
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Sanctions are penalties or other means of enforcement used to provide incentives for obedience to the law, rules, and regulations. Sanctions can be used by one country or a group of countries against another country, organization, or individual. The implementation of sanctions is meant to encourage a change in behavior, punish non-compliance with international norms or laws, or achieve specific policy objectives. There are various types of sanctions, including economic or financial, diplomatic, military, or environmental. Sanctions can also take on several forms, such as penalties, fines, or restrictions.
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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).