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Capabilities 79 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

Litigation/Trials

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....Read more

Practice Area

Appellate & Critical Motions

Our nationally recognized Appellate & Critical Motions (ACM) Practice delivers sophisticated legal advocacy and analysis before trial, at trial, and on appeal. From state trial courts to the U.S. Supreme Court, our ACM attorneys identify, preserve, and present the critical legal issues that can make the difference between winning and losing....Read more

Insights & News 4,617 results

Webinar

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June 18, 2025

EBEC for Public Companies: Optimizing Strategy & Tactics

As market conditions evolve, executive compensation and employee benefits have moved from routine HR matters to critical components of corporate strategy. Today, these programs directly influence investor confidence and long-term market positioning....Read more

Client Alert

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June 13, 2025

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2 Min Read

Federal Circuit Reverses US$200M+ Jury Verdicts Because Asserted Claims Are Unpatentable Under § 101

According to 35 U.S.C. § 101, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof” may be patentable. Courts and litigants often struggle in determining what falls outside this scope—i.e., what is unpatentable subject matter. The Federal Circuit Court of Appeals dealt with this issue in a series of appeals between USAA v. PNC Bank (CAFC Nos. 2023-1639, 2023-1778, 2023-1866, 2025-1276, 2025-1277, and 2025-1341), held that the claims in the patents at issue recite unpatentable subject matter, and reversed the entries of judgment for the US$218M and US$4.3M jury verdicts that issued out of the Eastern District of Texas.

Recognitions

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June 12, 2025

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1 Min Read

Winston & Strawn Recognized in The Legal 500 U.S. 2025

Winston & Strawn is recognized as a top-tier firm in five areas and recommended in an additional 45 categories in the 2025 edition of The Legal 500 U.S. In addition, eight lawyers are listed in the Hall of Fame, four lawyers are recognized as Leading Trial Lawyers, 16 partners were ranked as Leading Partners, four associates are ranked as Leading Associates, one partner is ranked as a Leading Lawyer, five lawyers are recognized as Next Generation Partners, and two lawyers are listed as Rising Stars. A total of 186 lawyers are mentioned by name in Legal 500 United States commentary for their standout contribution to respective practices....Read more
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Other Results 68 results

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 Is an Inter Partes Review (IPR)?

An inter partes review of a patent is a type of administrative trial proceeding. Inter partes review became available in 2012 and replaced inter partes reexamination as a way to challenge patentability at the Patent Office. Any person who is not the owner of a patent can file a petition for a review of a patent. The Patent Trial and Appeal Board (PTAB) will act on the petition either instituting a trial or denying institution of a trial. This will occur a little over six months after the petition is filed. If trial is instituted, the proceeding will, with some limited exceptions, be resolved within one year....Read more

Law Glossary

What Is the Copyright Royalty Board?

The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006....Read more
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