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  1. Capabilities

Patent Litigation

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  • Overview
  • Experience

Key Contacts

David EnzmingerNimalka WickramasekeraDanielle Williams
View Our Full Team

Resources

WacoWatch

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).

In its most recent IAM Patent 1000 survey (2023), IAM described our team as “laser-focused on securing significant wins” and selected us as one of only 11 gold-tier patent litigation practices in the United States. IAM has honored our firm in this way each year since the inception of its survey. Chambers USA also included our IP practice among the handful of firms ranked nationally, specifically recognizing our patent litigation team for our “formidable range of first-chair attorneys,” and our “ability to handle complex, sophisticated matters.”

Our success has been driven by a simple strategy—we attract the best trial lawyers with the technical abilities to litigate, try, and win the most complex patent and technology litigations. Notable examples of this philosophy include: our US$1B jury verdict (Top 3 Verdict of 2012) for Monsanto in an epic patent battle with DuPont involving Monsanto’s ground-breaking Roundup Ready technology, our victory against Bristol Myers Squibb’s patent on the Hepatitis-B drug Baraclude®; and our defense jury verdict on behalf of client Belkin in a bet-the-industry case against Fujitsu.

Key Contacts

David EnzmingerNimalka WickramasekeraDanielle Williams
View Our Full Team

Areas of Focus

We have handled hundreds of proceedings before PTAB for a diverse group of clients—both on the patent owner and the petitioner sides. Our track record speaks volumes, with numerous high-stakes cases successfully navigated through the PTAB process, resulting in favorable decisions and substantial victories for clients. Because these proceedings are a unique combination of patent litigation and patent prosecution, they require strategic-minded attorneys with both litigation and technical skills. Leveraging a diverse team of seasoned litigators and technical attorneys, we excel in crafting persuasive arguments, developing innovative strategies, and providing insightful guidance to clients across various industries before the PTAB. We have successfully employed the use of these proceedings as part of a complete litigation strategy to obtain favorable results for our clients. 

We have over 80 years of collective ITC experience and have litigated more than 100 patent infringement cases before the ITC. Our team includes attorneys who have first-chaired successful ITC trials; a former ITC Senior Investigative Attorney; former U.S. Patent Examiners; and more than 50 attorneys with technical degrees in electrical, mechanical, chemical, and biomedical engineering, and other sciences. We have the education and industry experience to understand the complex technology immediately, a working knowledge of the specialized administrative procedural law, and the substantive experience to formulate and execute the strategies necessary to succeed at the ITC.

We have decades of experience handling patent appeals before the Federal Circuit. In the last five years, we have represented clients in 130 Federal Circuit appeals. Our team combines extensive patent litigation experience with top-tier appellate advocacy to help clients achieve the best possible outcomes in the Circuit. 

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We are litigating at the cutting edge of biotech patent litigation. We possess a unique blend of technical proficiency, legal acumen, and industry knowledge, which enables us to represent biologic companies and biosimilar manufacturers effectively in high-stakes disputes. Leveraging our extensive experience in patent litigation and Hatch-Waxman matters, we craft innovative strategies tailored to the specific nuances of each case. From winning one of the largest biotech patent verdicts to representing one of the first companies to file an application pursuant to the Biologics Price Competition and Innovation Act (BPCIA), we are making history in the biotech sector.

We are unquestionably among the premier law firms representing generic pharmaceutical companies in Abbreviated New Drug Application (ANDA) patent litigation. Since 2018, we have appeared in more than 100 ANDA cases—more than any other national law firm. Through our proven track record and unwavering dedication to the interests of clients, our ANDA litigation practice sets the industry standard. We represent clients in litigation for best-selling drugs such as the blockbuster pain drug OxyContin®; dry-eye treatment drug Restasis®; psoriasis drug Otezla®; dermatology drug Oracea®; and diabetes treatments Jardiance®, Glyxambi®, Synjardy®, and Synjardy XR®.

Cable, internet, and telecommunications patent litigation is an area in which we are well versed. From major internet service providers (ISPs) and software companies to online and mobile platforms, video game publishers, and app developers, we regularly defend ISPs in high-stakes patent litigation. We know and have litigated the protocols, systems, and networks that implement all levels of broadcasting and communications, and we routinely handle cases involving the systems issues that define internetworking and telecommunications from a variety of perspectives. We are experienced in litigating the architecture, software, and features of the industry’s handsets—as well as the chips inside of them—and the software that runs them. We know as much as there is to know about these technologies and how to litigate them.

Our technical attorneys have extensive semiconductor experience, including a combination of electrical engineering (EE) degrees, industry and design experience, and legal practice experience in the EE and/or semiconductor space. We represent seven of the top 20 global semiconductor companies in patent matters. We have experience litigating semiconductor fabrication techniques, including photolithography, etching (plasma/chemical and isotropic/anisotropic), CMP, and deposition (e.g., PVD, CVD, ECD); semiconductor design, including design of high-speed chipsets, layout, simulation/modeling, and testing (wafer and device); modern chip architectures and technologies, including system-on-chip, RISC, and FPG; processing, including fabrication toolsets and processes; yield and contamination issues; semiconductor evaluation and analysis, including working with Semiconductor Insights and other outfits and interpreting SEMs or TEMs; relevant standards; and cross-border legal issues, including anti-suit injunctions.

Related Capabilities

Intellectual Property
Privacy & Data Security
Trademark Litigation, Prosecution & Brand Protection
Trade Secrets, Non Competes & Restrictive Covenants
Antitrust/Competition
Copyright-Infringement Litigation
IP Licensing & Due Diligence
ITC – Section 337
Technology Antitrust
Health Care
Life Sciences
Medical Devices
Technology, Media & Telecommunications
Automotive & Mobility
Financial Services
Oil & Gas

Recent Experience

Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case
Winston Defeats Halliburton Patent-Infringement Lawsuit Over Electric Fracking Technology at Trial in Waco
Seminal § 101 Win Secured for SAP in Patent Suit
Rare Noninfringement Jury Verdict for Teva N.A. in Patent Infringement Case for Suboxone® Tablets
Winston Secures Favorable Settlement for Virtualization Company in 10-Patent Case

Resources

WacoWatch

Notable

“The group shines the brightest when competitors are facing off over cornerstone technologies.”

IAM Patent 1000

Ranked Tier 1 Nationally in Litigation - Patent

Best Law Firms® 2025

“...a formidable range of first-chair attorneys, prized for its trial capabilities before the ITC and PTAB.”

Chambers USA

100+ ANDA cases in the last five years (2018–2022), more than any other national law firm

IAM Patent 1000

“The group shines the brightest when competitors are facing off over cornerstone technologies.”

Best Law Firms® 2025

Ranked Tier 1 Nationally in Litigation - Patent

Chambers USA

“...a formidable range of first-chair attorneys, prized for its trial capabilities before the ITC and PTAB.”

100+ ANDA cases in the last five years (2018–2022), more than any other national law firm

Client SuccessWinston Proves “Natural Cure” Patent Is Invalid at PTAB
Winston & Strawn prevailed before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) for client Florida Food Products (FFP), blocking attempts by a competitor to exclude FFP and other market participants from practicing long-known techniques for naturally preserving meat products.
Learn More
Client SuccessWinston Proves “Natural Cure” Patent Is Invalid at PTAB
Winston & Strawn prevailed before the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) for client Florida Food Products (FFP), blocking attempts by a competitor to exclude FFP and other market participants from practicing long-known techniques for naturally preserving meat products.
Learn More
Litigator of the WeekChuck Klein Recognized for Win Securing Win for Hikma Pharmaceuticals
Delaware U.S. District Judge Richard Andrews dismissed a patent challenge brought by Amarin tied to its sole branded product, Vascepa.
Learn More
Litigator of the WeekChuck Klein Recognized for Win Securing Win for Hikma Pharmaceuticals
Delaware U.S. District Judge Richard Andrews dismissed a patent challenge brought by Amarin tied to its sole branded product, Vascepa.
Learn More

Related Insights & News

View All Insights & News
Client Alert
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May 8, 2025

Client Alert
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In the Media
Mike Rueckheim Discusses Patent Office’s New Denial Process FAQ with Law360

May 2, 2025

Speaking Engagement
Kathi Vidal and Bryce Cooper Speak at the 2025 Paragraph IV Disputes Conference in New York

April 29, 2025

Client Alert
PTAB Holds Informative Discussion With Stakeholders Answering Questions About the New Discretionary Denial Briefing Process

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News

Recentive Analytics v. Fox—In Precedential Case of First Impression, Federal Circuit Holds Machine Learning Patents That Do Not Improve the Technology Ineligible under Section 101

April 21, 2025

Client Alert
USPTO Director Review Insights and PTAB Policy Shifts: Early 2025

April 4, 2025

Blog
Judge Albright Awards Attorneys’ Fees, Finds Case Exceptional, and Holds Attorney Jointly and Severally Liable

April 3, 2025

Client Alert
When is Your Patent Yours, and When is It Yours to Lose?

March 31, 2025

Article
Women's History Month: Build On What Makes You Unique

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Client Alert
Patent Office Issues New Guidance for PTAB Proceedings

March 27, 2025

Client Alert
Collateral Damage and Personal Liability for Local Counsel who Played Second-Fiddle to Lead Patent Counsel in Florida Court

March 26, 2025

Client Alert
Federal Circuit Determines Meaning of ‘Ground’ in IPR Estoppel Statute As Matter of First Impression
May 8, 2025
Client Alert
The PTAB’s Institution Grant Rate Has Dropped After Announcement of the New PTAB Discretionary Denial Guidance and Briefing Procedure
May 5, 2025
In the Media
Mike Rueckheim Discusses Patent Office’s New Denial Process FAQ with Law360
May 2, 2025
Speaking Engagement
Kathi Vidal and Bryce Cooper Speak at the 2025 Paragraph IV Disputes Conference in New York
April 29, 2025
Client Alert
PTAB Holds Informative Discussion With Stakeholders Answering Questions About the New Discretionary Denial Briefing Process
April 21, 2025
News

Recentive Analytics v. Fox—In Precedential Case of First Impression, Federal Circuit Holds Machine Learning Patents That Do Not Improve the Technology Ineligible under Section 101

April 21, 2025
Client Alert
USPTO Director Review Insights and PTAB Policy Shifts: Early 2025
April 4, 2025
Blog
Judge Albright Awards Attorneys’ Fees, Finds Case Exceptional, and Holds Attorney Jointly and Severally Liable
April 3, 2025
Client Alert
When is Your Patent Yours, and When is It Yours to Lose?
March 31, 2025
Article
Women's History Month: Build On What Makes You Unique
March 28, 2025
Client Alert
Patent Office Issues New Guidance for PTAB Proceedings
March 27, 2025
Client Alert
Collateral Damage and Personal Liability for Local Counsel who Played Second-Fiddle to Lead Patent Counsel in Florida Court
March 26, 2025
View All Insights & News
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