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Capabilities 85 results

Practice Area

Patent Litigation

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)....Read more

Practice Area

Insurance Litigation

For decades, Winston has represented a broad array of clients in the insurance industry, including some of the world’s largest and best-known insurers. Our prowess in and understanding of the insurance industry encompasses not only its products, practices, and services, but also the increasing challenges posed by a world increasingly characterized by a fast-evolving technological landscape as well as financial, political, and environmental instability. Accordingly, Winston’s lawyers are among the most sought-after in the industry—not only by companies currently facing high-stakes litigations and investigations, but by those looking to take preventive action now in order to mitigate and manage their risk in the future....Read more

Practice Area

Advertising Litigation

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....Read more

Insights & News 3,916 results

Benefits Blast

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July 11, 2025

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4 Min Read

Supreme Court to Address Timing of Actuarial Assumptions in Determining Multiemployer Plan Withdrawal Liability

On June 30, 2025, the Supreme Court granted certiorari in M & K Employee Solutions, LLC, et al. v. Trustees of the IAM National Pension Fund, No. 23-1209. This case will resolve a circuit split over when assumptions used to determine withdrawal liability must be adopted.  

Capital Markets & Securities Law Watch

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July 10, 2025

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3 Min Read

SEC and SolarWinds Reach Settlement in Cybersecurity Case

On July 2, 2025, the U.S. Securities and Exchange Commission reached a preliminary settlement with SolarWinds Corp. and its chief information security officer in an effort to resolve a data breach case claiming that SolarWinds defrauded investors by concealing failures in its cybersecurity practices ahead of a major Russia-linked data breach in 2020.

Competition Corner

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July 8, 2025

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10+ Min Read

Spotlight on Japan: Legal Trends in the Semiconductor Industry in the Japanese and U.S. Markets

Semiconductors are critical components that form the foundation of virtually all modern technologies and industries, including computers, smartphones, consumer electronics, automobiles, and medical devices. Their global importance continues to grow. This blog provides an overview of recent legal developments in the semiconductor markets of Japan and the United States.

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Other Results 100 results

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....Read more

Law Glossary

What Is the Patent Dance?

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....Read more

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....Read more
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