Site Search
Professionals 589 results
Capabilities 85 results
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.
Practice Area
For decades, Winston has represented a broad array of clients in the insurance industry, including some of the world’s largest and best-known insurers. Our prowess in and understanding of the insurance industry encompasses not only its products, practices, and services, but also the increasing challenges posed by a world increasingly characterized by a fast-evolving technological landscape as well as financial, political, and environmental instability. Accordingly, Winston’s lawyers are among the most sought-after in the industry—not only by companies currently facing high-stakes litigations and investigations, but by those looking to take preventive action now in order to mitigate and manage their risk in the future.
Practice Area
Brands across key sectors turn to Winston litigators to defend their reputations in advertising class actions, competitor disputes, and investigations. With litigators based in the U.S.’s busiest jurisdictions—including courts in California, Florida, Illinois, New York, and Texas—we have deep experience and prowess in handling some of the most high-profile and business-essential advertising cases in recent history. These disputes have involved false advertising; unfair competition, unfair business practices, and unjust enrichment; copyright, trade name, and service mark infringement; consumer-protection claims; and violations of the Lanham Act.
Experience 358 results
Experience
|July 31, 2024
Experience
|July 23, 2024
Winston Represented FreshEdge in its Acquisition of Frontier Produce
Experience
|July 17, 2024
Winston Represented FreshEdge in its Acquisition of Western Sky Produce
Insights & News 5,358 results
Speaking Engagement
|October 17, 2024
Claire Fundakowski Presents at 2024 Hatch-Waxman and BPCIA Passport to Proficiency Series
Winston & Strawn partner Claire Fundakowski will present during ACI’s Fourth Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA.
Seminar/CLE
|September 26, 2024
Public Company Priorities Breakfast or Lunch Program
Join us for Winston & Strawn’s Public Company Advisory series, where our seasoned attorneys will delve into the latest hot topics affecting Public Companies.
Sponsorship
|September 25, 2024
Winston Sponsors, Partner Speaks at IAM Live: Trade Secret Strategy USA 2024
Winston & Strawn is proud to sponsor the 2024 IAM Live: Trade Secret Strategy USA in San Francisco, CA, on September 25, 2024.
Other Results 81 results
Law Glossary
What Is Advertising Litigation?
Advertising litigation is defined as the legal area that covers false or deceptive advertising cases. Lawsuits may be brought by government agencies or corporate competitors based on the Lanham Act—a law that specifically deals with false advertising. The Act outlines how an advertisement can be deemed false. The Federal Trade Commission (FTC) has the ability to file lawsuits to halt deceptive advertising claims. The U.S. Food and Drug Administration may also pursue advertising litigation against violators of government regulations. Companies may be called on to substantiate their advertising claims, whether these are made in print or online.
Site Content
What Is the Domestic Industry Requirement?
The domestic industry requirement for Section 337 investigations at the U.S. International Trade Commission (ITC) mandates that a complainant asserting patent infringement at the ITC, or complainant’s licensee, has made in the United States significant investments in plant and equipment, significant investments in labor or capital, or substantial investments in engineering, research and development, or licensing. The investments must further be directed to articles that practice a valid claim of the asserted patent. The investment component of the requirement is referred to as the “economic prong,” while the requirement that the article practices the asserted patent is referred to as the “technical prong.” The domestic industry requirement is codified in 19 U.S.C. § 1337(a)(2)-(3).