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Capabilities 59 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

ITC – Section 337

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....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 2,122 results

Competition Corner

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April 25, 2025

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4 Min Read

Spotlight on Japan: Comparative Developments in Business and Human Rights Regulations

In recent years, the international community has increasingly focused on the importance of respecting human rights in corporate activities. This trend was driven in part by the United Nations’ adoption of the Guiding Principles on Business and Human Rights in 2011, which accelerated the global movement towards holding companies accountable for human rights violations.

Non-Fungible Insights: Blockchain Decrypted

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April 25, 2025

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2 Min Read

Federal Reserve Withdraws Crypto-Asset Guidance: Policy Shift or Policy Compromise?

On April 24, 2025, the Federal Reserve Board (Board) announced that it had withdrawn key supervisory guidance published during the prior Administration that, for more than two years, had constrained state member banks and other Board-supervised banking organizations from engaging in digital asset activities.

Press Release

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April 22, 2025

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1 Min Read

Winston & Strawn Appoints Amy Kotulski as Chief Operating Officer

New York – April 22, 2025 – Winston & Strawn LLP is pleased to announce the appointment of Amy Kotulski as Chief Operating Officer (COO)....Read more
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Other Results 50 results

Site Content

What Is a Design Defect?

In the product liability context, a design defect claim arises when a plaintiff alleges that a product is inherently dangerous due to its design, rendering it unreasonably unsafe for its intended use. This type of claim does not focus on manufacturing errors but instead asserts that the product's fundamental design flaw poses an unreasonable risk of harm to consumers....Read more

Law Glossary

What Is the Patent Dance?

Colloquially referred to as the “patent dance,” the BPCIA provides a framework that includes certain steps and a schedule during which the applicant and reference product sponsor exchange confidential information disclosed in the aBLA. During the patent dance, the applicant and sponsor identify the patents that could be litigated in the future during two potential phases of litigation. In the first phase, the sponsor can allege infringement of a subset of the patents identified during the patent dance. The second phase begins after the sponsor receives the Notice of Commercial Marketing from the applicant. During this second phase, the sponsor can assert any remaining patents that were not asserted in the first phase....Read more

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
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