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Practice Area
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).
Practice Area
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.
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 20 results
Experience
|January 19, 2024
Experience
|October 1, 2023
Class Action Plaintiff Sent Packing After Winston Secures Enforcement of Binance’s Terms of Use
Experience
|September 1, 2023
Insights & News 1,231 results
Life at Winston
|November 25, 2024
|1 Min Read
On November 11, we welcomed 24 new protégés the firm’s D&I Associate Sponsorship Program, which is the centerpiece of the Diversity and Inclusion Committee’s efforts to retain, develop, and promote associates. Each year, we pair high-potential and high-performing members of the firm’s 10 affinity groups—in their fifth and sixth year of practice—with a member of Winston’s Executive Committee.
Competition Corner
|November 22, 2024
|4 Min Read
Supreme Court’s Rejection of DOJ Appeal Could Shift the Landscape for Bid-Rigging Prosecutions
The U.S. Supreme Court has denied the request from the Department of Justice (DOJ) to review a ruling from the U.S. Court of Appeals for the Fourth Circuit that overturned the bid-rigging conviction of a former engineering firm executive because the indictment did not allege a per se antitrust violation.
Press Release
|November 18, 2024
|3 Min Read
Director of United States Patent and Trademark Office Kathi Vidal to Rejoin Winston & Strawn
Washington, D.C. & Silicon Valley, CA – November 18, 2024 – Winston & Strawn LLP announced today that Kathi Vidal will rejoin the firm’s Litigation Department as a partner in the firm’s Silicon Valley and Washington, D.C. offices and as a member of the Executive Committee after stepping down from her role as Undersecretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO). Kathi will rejoin Winston on December 16, 2024.
Other Results 23 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.
Site Content
In the product liability context, a failure to warn claim arises when a plaintiff alleges that a product lacked an adequate warning regarding potential risks associated with its use. To succeed in a failure to warn claim, a plaintiff typically needs to demonstrate that the lack of a warning regarding a particular potential harm rendered the product unreasonably dangerous, and that adequate warnings would have ultimately prevented the alleged harm.
Location
Opened in 2003, Winston & Strawn's San Francisco office is located in the financial district, just down the road from the Bay Area’s technology epicenter. Our team—now 25+ lawyers strong—keeps a finger on the pulse of the rapidly evolving financial services and technology sectors, and offers support across a wide spectrum of services, including antitrust/competition, commercial litigation and disputes, government investigations and compliance, intellectual property, labor and employment, mergers and acquisitions, and product liability. The San Francisco team works seamlessly with lawyers and departments across the firm’s global network to ensure the highest quality service to our clients. With a culture that represents the Bay Area’s innovative spirit, our lawyers are regularly honored with high-profile awards and frequently recognized by publications, such as Chambers USA, The American Lawyer, the Daily Journal, and The Recorder.