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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
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.
Experience 23 results
Experience
|January 31, 2025
Winston Secures Complete Defense Judgment for Alphatec in Prolonged Litigation Battle
Experience
|August 15, 2024
Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case
Experience
|June 28, 2024
Agreement Between 119 Institutional Investors and the Company Vivendi SE
119 institutional investors, among which Union Asset Management Holding, accused the French company Vivendi of having disseminated false or misleading information between 2000 and 2002, thereby causing them an important stock market damage.
Insights & News 1,639 results
In the Media
|May 2, 2025
|2 Min Read
Mike Rueckheim Discusses Patent Office’s New Denial Process FAQ with Law360
Winston & Strawn partner Mike Rueckheim was quoted in a Law360 article discussing the U.S. Patent and Trademark Office’s recently released answers to frequently asked questions about its new patent challenge denial process for post-grant (IPR/PGR) challenges. The USPTO recently established guidance and a bifurcated briefing process in which the Director, working alongside Patent Trial and Appeal Board judges, will decide whether each petition challenging a patent warrants discretionary denial. The board will consider the merits of the petition’s invalidity arguments only if it is not denied for discretionary reasons.
Class Action Insider
|May 2, 2025
|8 Min Read
Song–Beverly Act Reforms – Rebalancing Consumer Rights and OEM Responsibilities?
Since the 1970s, the Song–Beverly Consumer Warranty Act has protected buyers of potentially defective vehicles. The latest update, Assembly Bill 1755, aims to curb excessive lemon law litigation and speed up resolutions—but faced pushback from both consumer advocates and automakers, prompting a follow-up measure: Senate Bill 26.
Recognitions
|May 1, 2025
|1 Min Read
Winston & Strawn partner Kathi Vidal merited a place on World IP Review’s 2025 Diversity & Inclusion Top 100 list in the Influential Women in IP category. This annual list highlights honorees’ “dedication and commitment to driving meaningful change in the IP community.” Winners were selected through an in-depth evaluation of the nominees’ accomplishments carried out by World IP Review’s (WIPR) in-house team.
Other Results 34 results
Law Glossary
Colloquially referred to as the “patent dance,” the BPCIA provides a framework that includes certain steps and a schedule during which the applicant and reference product sponsor exchange confidential information disclosed in the aBLA. During the patent dance, the applicant and sponsor identify the patents that could be litigated in the future during two potential phases of litigation. In the first phase, the sponsor can allege infringement of a subset of the patents identified during the patent dance. The second phase begins after the sponsor receives the Notice of Commercial Marketing from the applicant. During this second phase, the sponsor can assert any remaining patents that were not asserted in the first phase.
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.
Law Glossary
What Are the Patent Litigation Differences Between the BPCIA and Hatch-Waxman Act?
There are fundamental differences between the abbreviated approval processes to obtain FDA approval for biosimilars and generic drugs as those processes relate to patent litigation.