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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
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.
Practice Area
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.
Experience 60 results
Experience
|April 6, 2026
MLBPI’s Licensing Fight Ends in Victory and Settlement with DraftKings
Winston is representing MLB Players Inc. (MLBPI), which serves as the exclusive group licensing representative for all MLB (major league baseball) players. MLBPI sued several online sportsbook and mobile-betting platforms, including DraftKings, over their use of hundreds of MLB player images and likenesses without MLBPI’s consent.
Experience
|January 27, 2026
Winston & Strawn secured a decisive victory for PayPal in an intellectual property dispute brought by Irish non-practicing entity Internet Payment Patents LTD (IPPL). Magistrate Judge Susan van Keulen of the Northern District of California entered final judgment in PayPal’s favor, finding all asserted patent claims ineligible under 35 U.S.C. § 101 and granting PayPal’s motion to dismiss without leave to amend.
Experience
|December 11, 2025
Winston Takes the Checkered Flag After “Massive Win” Settlement
Winston squared off in the W.D.N.C. against lawyers for NASCAR in an antitrust lawsuit brought on behalf of racing teams Front Row Motorsports Inc. and 23X1 Racing LLC—the team co-owned by Michael Jordan and driver Denny Hamlin—alleging monopolization of the market for premier stock car racing teams. On December 11, 2025, nine days into trial and the morning after the plaintiffs rested their case, the parties jointly announced a settlement. Jeffrey Kessler and Jeanifer Parsigian were recognized by American Lawyer with its top “Litigator of the Week” honors on December 19, 2025, for this historic settlement.
Insights & News 3,697 results
Press Release
|April 20, 2026
|1 Min Read
Winston Strengthens Texas Intellectual Property Practice with Aimee Fagan
Dallas, TX – April 20, 2026 – Winston & Strawn LLP announced today that Aimee Fagan has joined the firm as a partner in the Litigation Department and the Intellectual Property Practice in Dallas.Aimee is a first-chair trial lawyer whose practice focuses on intellectual property and complex commercial litigation. She represents clients in high-stakes disputes, with significant experience in technology and IP matters, particularly within the energy sector, as well as across the technology, financial services, private equity, medical, and retail industries.“I’m excited to join such a dynamic team that is highly regarded for both its substantial trial capabilities and its deep experience managing complex IP and commercial disputes,” Aimee said. “I look forward to leveraging my experience and collaborating across the Dallas and Houston offices to deliver the high-caliber client service for which Winston is known.”Aimee’s patent and trade secret litigation experience, particularly in the energy sector, further enhances the firm’s established strengths and platform in IP litigation across Texas.
Recognitions
|April 17, 2026
|1 Min Read
Jeffrey Kessler Recognized as Litigator of the Week by The American Lawyer
Winston & Strawn partner Jeffrey Kessler was named Litigator of the Week by The American Lawyer in their April 17, 2026, column.
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.
Other Results 99 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.
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.