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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
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 30 results
Experience
|June 25, 2025
Winston Secures Federal Circuit Affirmance of 101 Victory for Polycom
Experience
|April 30, 2025
Insights & News 3,773 results
Recognitions
|August 21, 2025
|1 Min Read
Winston Attorneys Recognized in The Best Lawyers in America® 2026
The 32nd edition of The Best Lawyers in America® 2026 includes 143 Winston & Strawn attorneys. The outlet identifies award winners by conducting and compiling exhaustive peer-review surveys. During this process, tens of thousands of leading lawyers confidentially assess their professional peers.
Recognitions
|August 21, 2025
|Less Than 1 Min Read
Winston Attorneys Recognized in Best Lawyers: Ones to Watch® in America 2026
The 6th edition of Best Lawyers: Ones to Watch® in America 2026 includes 190 Winston & Strawn attorneys. This designation is given to lawyers who have demonstrated outstanding professional excellence in private practice in the United States. Eligible nominees have been in practice from 5-9 years.
Recognitions
|August 15, 2025
|Less Than 1 Min Read
Winston Partners Named to Benchmark Litigation’s 2025 List of the Top 250 Women in Litigation
Five Winston & Strawn partners were named among Benchmark Litigation’s 2025 Top 250 Women in Litigation. Honorees earned their place on the list through their significant contributions to “the most impactful litigation matters in recent history” and by garnering the trust and respect of their clients and peers.
Other Results 69 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.