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Practice Area
As society and business become even more digitalized, technology and intellectual property (IP) have become key focal points for businesses. Our Technology Antitrust Group combines the cross-practice and cross-office experience of our lawyers to assist clients in successfully navigating the dynamic convergence of technology, antitrust, and IP law. We understand the challenges presented by the ever-changing digital landscape and are committed to providing our clients with tailored solutions to address their specific needs.
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 2 results
Experience
|October 19, 2023
Experience
|March 9, 2021
Siebert Williams Shank & Co. LLC US$250M Investment Fund for Clear Vision Impact Fund, LP
Winston & Strawn LLP represented Siebert Williams Shank & Co. LLC., as sponsor, general partner, and investment manager, in the formation of a US$250M investment fund known as Clear Vision Impact Fund, LP (“Clear Vision Impact Fund”), formed to enhance employment, job training, and the accessibility of educational opportunities in historically underserved communities by originating and making loans to, and investing in, small businesses that are minority- or women-owned or -operated, or that serve underperforming communities that have experienced a historical lack of capital to support economic growth. In a widely publicized deal, the initial limited partners of Clear Vision Impact Fund are Microsoft Corp., Apple Inc., eBay Inc., Comcast Corp., and Constellation Brands, which provided US$110M in capital commitments for Clear Vision Impact.
Insights & News 145 results
Competition Corner
|March 18, 2025
|6 Min Read
On Tuesday, March 11, 2025, the Senate confirmed Gail Slater as the Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division (Division). While Slater has been circumspect in her public comments regarding past and anticipated Division priorities, her prior experience and recent statements offer early insights into her expected approach.
Client Alert
|March 12, 2025
|4 Min Read
USPTO Plunges PTAB’s Fintiv Discretion Analysis Into Uncertainty
On Friday, February 28, 2025, the USPTO rescinded the June 21, 2022, memorandum from then-Director Katherine Vidal, “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with Parallel District Court Litigation” (Memorandum).[1] That Memorandum provided guidelines and clarity on how the PTAB should apply its precedential decision in Apple Inc. v. Fintiv Inc. The Fintiv decision outlined a case-specific six-factor balancing test for the PTAB to apply when deciding whether to exercise its discretion under 35 U.S.C. § 314(a) to deny a petition for inter partes review (IPR) where parallel litigation regarding the challenged patent is pending. In the notice of rescission, the USPTO directed parties to refer to the PTAB’s precedential Fintiv and Sotera Wireless decisions. The rescission notice further stated that any PTAB or Director Review decisions that relied on the Memorandum “shall not be binding or persuasive on the PTAB.”
In the Media
|August 13, 2024
|1 Min Read
Jeffrey Kessler Discusses Recent Decision in Antitrust Case Against Google with InformationWeek
Winston & Strawn partner Jeffrey Kessler spoke with InformationWeek to discuss a recent Google antitrust case and how traditional antitrust principles are being applied to the technology industry. The decision from a U.S. District Court judge stated that Google held its dominance in the market by unfairly blocking competitors through lucrative exclusive contracts for its search engine with Apple and Android devices, which constituted a violation of Section 2 of the Sherman Act.
Other Results 13 results
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The Nasdaq is an electronic marketplace for buying and selling securities. Its name was originally an acronym for the “National Association of Securities Dealers Automated Quotations”. Nasdaq started as part of the National Association of Securities Dealers (NASD), now known as the Financial Industry Regulatory Authority (FINRA). Nasdaq was created after the Securities and Exchange Commission encouraged NASD to create an automated market for securities not listed on an exchange. The result was the first electronic trading system. Nasdaq opened in 1971 as the first electronic trading system. Nasdaq began to operate as a national securities exchange in 2006.
Location
Opened in 2017, Winston & Strawn’s Dallas office is located in the cultural and economic epicenter of DFW, the fourth largest metropolitan area in the U.S. and the fastest growing over the last year. Our Dallas attorneys litigate both high-stakes civil and criminal matters, including major state and federal trials and appeals nationwide, and represent clients in complex transactional matters. Under the leadership of Bryan L. Goolsby, our office—made up of nearly 100 lawyers—continues to expand, attracting some of the country’s top legal talent to meet the increased needs of the many technology, investment, and health care companies that are increasingly making Dallas their home.
Location
Launched in 2013, Winston & Strawn’s Silicon Valley office is home to nationally recognized attorneys that draw clients from Fortune 500 companies, startups, and everything in between. Led by Kelly Hunsaker—who has deep roots in Silicon Valley spanning nearly three decades—the office draws from the firm’s deep bench strength and global network of resources to serve clients in a variety of industries, including the semiconductor, computer hardware and software, telecommunications, life sciences, and pharmaceutical sectors. The office’s intellectual property attorneys have litigated extensively in all the top national patent litigation venues, as well as before the International Trade Commission and the Patent Trial and Appeals Board of the USPTO.