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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
Our nationally recognized Appellate & Critical Motions (ACM) Practice delivers sophisticated legal advocacy and analysis before trial, at trial, and on appeal. From state trial courts to the U.S. Supreme Court, our ACM attorneys identify, preserve, and present the critical legal issues that can make the difference between winning and losing.
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.
Experience 16 results
Experience
|September 8, 2025
Winston represents a class of professional swimmers alleging World Aquatics (WA) violated antitrust laws by blocking their participation in the competing International Swimming League. After WA won summary judgment, Winston successfully appealed, arguing the court applied improper antitrust standards and wrongly denied certification of a damages class. In September 2024, the Ninth Circuit reversed both rulings, reviving all claims and issuing a landmark ruling on the possible application of the per se rule or quick look review to sports-associations rules. Am Law awarded Winston “Litigator of the Week” Runner-Up recognition for the win. In November 2024, the Ninth Circuit denied rehearing. In April 2025, the district court certified a damages class.
Experience
|June 25, 2025
Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom
Winston secured an appellate victory for Polycom (now part of HP) when the Federal Circuit affirmed a judgment on the pleadings of patent-ineligibility in a lawsuit brought by directPacket Research, Inc. Working closely with HP, Winston argued that all claims of the asserted patent were directed to the abstract idea of translation via an intermediate protocol, with no inventive concept. The Northern District of California agreed, and the Federal Circuit unanimously affirmed, adopting Winston’s arguments. Eimeric Reig argued the appeal, working with HP and the Winston team, including Kathi Vidal, Kelly Hunsaker, Sam Lerner, Matt McCullough, and David Dalke.
Experience
|May 15, 2025
Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings
Ask Sydney sued Snap along with four large tech companies in the Western District of Texas, Waco Division, asserting infringement of two related patents on methods of generating and presenting images to a user to determine the user’s interest. Working closely with Snap, Winston successfully moved to transfer the case to the Central District of California, then moved for judgment on the pleadings of patent-ineligibility under § 101 of the Patent Act. Following a hearing with multiple rounds of argument, the district court granted the motion, adopting Winston’s arguments that distinguished findings by the patent examiner during prosecution and by the Western District of Texas, which had denied § 101 motions brought by two other defendants. Ask Sydney appealed, but the Federal Circuit summarily affirmed three days after oral argument, handing Snap a decisive win invalidating all claims of both asserted patents. Eimeric Reig led the strategy and argued the appeal and motion hearing, working with Kathi Vidal and Kelly Hunsaker.
Insights & News 1,132 results
In the Media
|April 16, 2026
|1 Min Read
Matthew Huppert Featured in FTCWatch
Winston & Strawn partner Matthew Huppert was featured in FTCWatch discussing his decision to join Winston, his experience at the Department of Justice, and his path to antitrust law.
Article
|April 7, 2026
|9 Min Read
Justices’ Ruling Stresses Quick Action Against Absconders
This article was originally published in Law360. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.
Press Release
|April 6, 2026
|1 Min Read
Ashley Chung Rejoins Winston After Serving as Assistant U.S. Attorney and Deputy Chief of Appeals
Chicago – April 6, 2026 – Winston & Strawn LLP announced today the addition of Ashley Chung as a partner in the Chicago office. Ashley rejoins the firm’s Litigation Department as a member of its Appellate & Critical Motions practice after serving as an Assistant U.S. Attorney.
Other Results 26 results
Site Content
A bid protest is a challenge to the government’s proposed contract award for the procurement of goods and services, or a challenge to the terms of a solicitation for such a contract. A bid protest at the federal level is typically heard at the Government Accountability Office (GAO) but can also be directed to the procuring federal agency, and in certain instances, to the Court of Federal Claims (COFC). Since there are strict timelines for filing a bid protest, it is imperative to consult with counsel. See 4 C.F.R. § 21.2; see also Bid Protests At GAO: A Descriptive Guide (Ninth Edition, 2009). A bid protest is further described at Federal Acquisition Regulation (FAR) 33.103; 33.104; and 33.105.
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.
Location
Opened in 2003, Winston & Strawn’s San Francisco office is located in the financial district, just down the road from the Bay Area’s technology epicenter. Our team—now 25+ lawyers strong—keeps a finger on the pulse of the rapidly evolving financial services and technology sectors, and offers support across a wide spectrum of services, including antitrust/competition, commercial litigation and disputes, government investigations and compliance, intellectual property, labor and employment, mergers and acquisitions, and product liability. The San Francisco team works seamlessly with lawyers and departments across the firm’s global network to ensure the highest quality service to our clients. With a culture that represents the Bay Area’s innovative spirit, our lawyers are regularly honored with high-profile awards and frequently recognized by publications, such as Chambers USA, The American Lawyer, the Daily Journal, and The Recorder.