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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
Practice Area
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.
Experience 21 results
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
|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.
Experience
|May 15, 2025
Winston Secures Federal Circuit Victory for Snap Axing Image-Presentation Patents on the Pleadings
Ask Sydney sued Snap along with four large tech companies in the Western District of Texas, Waco Division, asserting infringement of two related patents on methods of generating and presenting images to a user to determine the user’s interest. Working closely with Snap, Winston successfully moved to transfer the case to the Central District of California, then moved for judgment on the pleadings of patent-ineligibility under § 101 of the Patent Act. Following a hearing with multiple rounds of argument, the district court granted the motion, adopting Winston’s arguments that distinguished findings by the patent examiner during prosecution and by the Western District of Texas, which had denied § 101 motions brought by two other defendants. Ask Sydney appealed, but the Federal Circuit summarily affirmed three days after oral argument, handing Snap a decisive win invalidating all claims of both asserted patents. Eimeric Reig led the strategy and argued the appeal and motion hearing, working with Kathi Vidal and Kelly Hunsaker.
Insights & News 1,259 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.
In the Media
|April 10, 2026
|2 Min Read
Ashley Chung Joins Winston in Chicago
Winston & Strawn recently announced that Ashley Chung has rejoined the firm’s Chicago office as a partner in the Litigation Department and a member of its Appellate & Critical Motions practice after serving as an Assistant U.S. Attorney. During her tenure at the U.S. Attorney’s Office for the Northern District of Illinois, Ashley prosecuted more than 50 cases, including public corruption, financial fraud, money laundering, child exploitation, and violent crime matters. She oversaw and determined strategy from the investigative stage through charging, pre-trial litigation, plea negotiations or trials, and sentencings. Prior to her public service, Ashley worked on complex commercial litigation, white-collar and regulatory-facing matters, and internal investigations.
In the Media
|April 8, 2026
|3 Min Read
Winston Represents Former FirstEnergy Executive in Ohio Bribery Trial
A Winston team led by Steve Grimes represented former FirstEnergy Vice President of External Affairs Mike Dowling in an eight-week jury trial arising from what prosecutors described as the “largest bribery scandal in Ohio history.” Based on the defense put forward, the jury was unable to convict Mr. Dowling resulting in a hung jury.
Other Results 33 results
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.
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.