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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).
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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 19 results
Experience
|June 25, 2025
Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom
Experience
|April 30, 2025
Insights & News 1,269 results
In the Media
|July 2, 2025
|1 Min Read
Kathi Vidal Featured on the Scientista Podcast
Winston & Strawn partner Kathi Vidal was featured on an episode of Scientista, a podcast that highlights candid conversations with women and allies reshaping business, politics, and culture around the world. Kathi spoke with hosts Dr. Sweta Chakraborty and Monica Medina about the systemic inequities that are hindering our society’s ability to address global challenges and how expanding who gets to invent can positively shape the future for all of us.
Client Alert
|June 20, 2025
|2 Min Read
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.
In the Media
|June 16, 2025
|2 Min Read
Tom Walsh Discusses How Hobbies Aid Legal Work With Texas Lawyer
Winston & Strawn Complex Commercial Litigation Practice Co-Chair Tom Walsh was featured in a Texas Lawyer article highlighting his hobbies outside of his work as a litigator, and how his hobbies aid him in his legal work. Tom has substantial experience successfully handling complex commercial litigation, class action, and patent litigation cases. Outside of the courtroom, Tom has spent 27 years as a radio play-by-play announcer for Jesuit College Preparatory School football, where he has called more than 200 high school football games, and has been involved in community theatre for more than three years. Tom started participating in community theatre with North Texas Performing Arts with his daughter. They have performed together in several musicals with Tom’s primary roles including the mayor in "The Music Man,” the Ghost of Christmas Present in "Scrooge," George Banks in "Mary Poppins," and, currently, King Arthur in "Camelot." He also took singing lessons to improve his skills.
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Site Content
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.
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.