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Capabilities 87 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

Bankruptcy Litigation & Investigations

Large corporate bankruptcies and companies in financial distress often spawn a complex web of claims by lenders, trustees, debtors, creditors, creditors’ committees, investors, shareholders, and other constituents. Attorneys in Winston & Strawn’s complex commercial litigation group and special situations and restructuring group serve as trusted advisors and resolute advocates to protect clients’ business interests and assets in multifaceted Chapter 11 cases and bankruptcy-related disputes. ...Read more

Experience 58 results

Experience

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September 8, 2025

Winston Wins Ninth Circuit Reversal and Class Certification in Swimmers’ Antitrust Case, Securing a Global-Impact Settlement with World Aquatics

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....Read more

Experience

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July 30, 2025

Following an Astounding Summary Judgment Win, Winston Secures Three Favorable Class Settlements in US$52+B Broiler Chicken Litigation

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....Read more

Experience

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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....Read more
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Insights & News 4,095 results

Recognitions

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October 30, 2025

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Less Than 1 Min Read

Winston & Strawn Recognized in 2026 Benchmark Litigation

Winston & Strawn has been recognized in the 2026 edition of Benchmark Litigation, which covers the litigation and disputes market in North America. The firm is recognized for its excellence in litigation in the following categories:...Read more

False Claims Act Playbook

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October 30, 2025

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5 Min Read

Private Equity Firm Avoids Potential False Claims Act Liability in Dismissal from Whistleblower Suit Brought by Healthcare Portfolio Company Executive

On October 15, 2025, the United States District Court for the District of Nebraska (the Court) dismissed Pharos Capital Group and its related investment funds (Pharos Capital) from a qui tam or whistleblower suit brought under the antiretaliation provision of the False Claims Act (31 U.S.C. § 3730(h)) (the FCA), against Pharos Capital and Charter Health Care Group (Charter), a portfolio company of Pharos Capital.

Client Alert

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October 29, 2025

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7 Min Read

How Do the Florida Office of Financial Regulation’s Proposed Anti-Debanking Rule Revisions Impact Financial Institutions That Operate in Florida?

On October 14, 2025, the Florida Office of Financial Regulation (OFR) published a notice of proposed rulemaking (Notice) to amend certain of its existing anti-debanking rules that implement Florida House Bill 989 (HB 989), which became effective July 1, 2024, and amended Section 655.0323 of the Florida Statutes. If adopted into final form, the proposed amendments would amend Florida Administrative Code Rule 69U-100.323 (Annual Attestation of Compliance) and Rule 69U-100.3231 (Complaint Process Rule).

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Other Results 104 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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