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Capabilities 61 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

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

Practice Area

Intellectual Property

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....Read more

Insights & News 1,252 results

Article

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August 25, 2025

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7 Min Read

Adapting To USPTO’s Tighter Inter Partes Review Rules

This article was originally published in Law360. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only....Read more

Article

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August 19, 2025

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2 Min Read

Construction Disputes: Suitability and Up-Front Considerations for Arbitration Rule Selection

This article was first published on Global Arbitration Review in August 2025; for further in-depth analysis, please visit GAR Guide to Construction Arbitration – Sixth Edition. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only. ...Read more

Benefits Blast

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August 12, 2025

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5 Min Read

New Executive Order Directs Agencies to Facilitate 401(k) Access to Private Equity, Cryptocurrency, and Other Alternative Investment

On August 7, President Trump signed an Executive Order directing the DOL, the SEC, and Treasury (including the IRS) to review and revise guidance to facilitate the inclusion of alternative investments—such as private equity, cryptocurrency, and other non-traditional assets—in defined contribution retirement plans. The Executive Order follows action in May of this year by the DOL to rescind its 2022 guidance that discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans.

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Other Results 27 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

Site Content

What Is Bradford Hill Criteria?

The Bradford Hill criteria (also known as “Hill’s criteria”) are a set of nine criteria first proposed by the epidemiologist, Sir Austin Bradford Hill, in 1965 to evaluate the strength of a causal association between two variables. In the product liability context, plaintiff experts frequently utilize the Bradford Hill criteria to purportedly establish general causation. The Bradford Hill criteria include considerations such as the strength of association, consistency, specificity, temporality, biological gradient, plausibility, coherence, experiment, and analogy. Several recent decisions in large federal multidistrict litigations have closely scrutinized and ultimately, excluded, improper Bradford Hill analyses conducted by plaintiff experts....Read more

Site Content

What Is General Causation?

In the product liability context, general causation is the legal and scientific determination of whether the product in question has the inherent capability to cause the alleged injury under certain circumstances. Establishment of general causation is a critical aspect of a plaintiff’s case, and typically requires scientific evidence, such as epidemiology or toxicology, and expert testimony to establish a causal connection between the product’s design, manufacturing, or warnings and the injury or injuries at issue. As contrasted to specific causation, the focus in a general causation inquiry is on whether the product or exposure, as a general matter, can cause the type of injury claimed by the plaintiff. A general causation inquiry does not assess any facts unique to a particular plaintiff....Read more
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