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Capabilities 51 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

Trademark Litigation, Prosecution & Brand Protection

Practice Area

ITC – Section 337

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....Read more

Insights & News 1,449 results

Competition Corner

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July 14, 2025

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5 Min Read

DOJ’s New Whistleblower Rewards Program Raises Stakes for Antitrust Compliance

The U.S. Department of Justice’s Antitrust Division has launched a new Whistleblower Rewards Program offering—for the first time—financial incentives to individuals who “report antitrust crimes and related offenses that harm consumers, taxpayers, and free market competition across industries from healthcare to agriculture.”

Capital Markets & Securities Law Watch

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July 2, 2025

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6 Min Read

Former CEO Sentenced to Prison in First-Of-Its-Kind Prosecution Based Exclusively on Rule 10b5-1 Plans

On June 23, 2025, the first-ever prosecution for bad-faith use of 10b5-1 trading plans resulted in Terren Scott Peizer, the former CEO and executive chairman of the publicly traded company Ontrak, Inc., being sentenced to 42 months in prison and ordered to pay $17.9 million in fines and restitution. A California federal district court found that Peizer had entered into Rule 10b5-1 plans in bad faith and while in possession of material nonpublic information to avoid more than $12.5 million in losses related to the termination of a large customer contract.

In the Media

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July 2, 2025

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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....Read more
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Other Results 35 results

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

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
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