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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).
Practice Area
Trial skills matter—even in a world where few disputes ever see the inside of a courtroom. Winston has built a reputation as a trial lawyers’ firm, featuring seasoned litigators who leverage extensive courtroom experience to meet our clients’ business and legal objectives. Our long history of taking cases to trial—and winning—provides our clients with tremendous settlement leverage with their adversaries, as well as a substantial likelihood of a favorable resolution if, and when, they go to trial.
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 64 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
|July 30, 2025
Represent Norman W. Fries, Inc. d/b/a Claxton Poultry Farms in a series of 15+ antitrust class actions consolidated in the Northern District of Illinois and brought by plaintiffs who allege that Claxton and the nation’s other largest poultry producers conspired to fix the price of broiler chickens in a scheme from 2008 to 2016 that raised the price for broiler chickens by artificially reducing supply.
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.
Insights & News 5,436 results
Sponsorship
|October 22, 2025
Winston & Strawn Sponsors the 2025 Eastern District of Texas Bench Bar Conference
Winston & Strawn is a proud sponsor of the 2025 Eastern District of Texas Bench Bar Conference, one of the nation’s top annual bench bar conferences. The conference brings together judges, lawyers, topic speakers, guests, and other participants from across the world to discuss a broad range of cutting-edge legal topics.
Sponsorship
|October 15, 2025
Winston & Strawn Sponsors ChIPs 2025 Global Summit
Winston & Strawn is a proud sponsor of the 2025 ChIPs Global Summit, which brings together women from all over the world working in technology, policy, private practice, corporations, government, academia, and beyond. Each year, the summit aims to advance innovation through diversity of thought and connect women through engagement opportunities.
Webinar
|September 30, 2025
Tax Implications of the Big Beautiful Bill Act
Please join us for an engaging and informative webinar led by our experienced tax attorneys as they break down the most significant tax changes introduced by the recently enacted One Big Beautiful Bill Act of 2025, signed into law on July 4, 2025.
Other Results 126 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.
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