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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
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.
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).
Experience 2 results
Experience
|January 19, 2024
Experience
|December 10, 2020
The Care Team's Acquisition of InTeliCare Home Health and Hospice
Winston & Strawn LLP represented The Care Team (TCT), a prominent hospice and home health provider in central and eastern Michigan, in its acquisition of InTeliCare Home Health and Hospice (ITC). TCT is a portfolio company of Revelstoke Capital Partners, a Denver-based private equity firm. This transaction marks TCT's first acquisition since partnering with Revelstoke and serves as a key building block for positioning the company as one of the leading home health and hospice providers in the Great Lakes region. ITC is a leading home health and hospice provider in the northern half of Michigan's lower peninsula.
Insights & News 105 results
Client Alert
|March 27, 2025
|5 Min Read
Patent Office Issues New Guidance for PTAB Proceedings
The U.S. Patent and Trademark Office (USPTO) has not been slow in pushing out new Patent Trial and Appeal Board (PTAB) guidance following the change in administration. Updates are listed below; please contact us with any questions.
In the Media
|March 14, 2025
|2 Min Read
Winston & Strawn partner Robert Vlasis spoke with Law360 about the recent Federal Circuit decision discarding the U.S. International Trade Commission’s (ITC) limits on what types of domestic expenses qualify a company to bring a patent suit at the agency. To bring a suit at the ITC, litigants must prove that they have a domestic industry of products protected by the patent. Under Section 337 of the Tariff Act, which governs IP cases at the ITC, the requirement can be met by demonstrating a “significant employment of labor or capital,” but the ITC has said marketing-related costs are not included.
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.”
Other Results 8 results
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).
Location
Winston & Strawn’s Washington, D.C. office—the first outside of Chicago—opened its doors in 1970. The office is home to 75+ lawyers, many of whom are nationally recognized and award-winning, with experience navigating clients through regulatory and enforcement issues as well as complicated governmental processes. Located in the center of the nation’s capital, the D.C. office assists clients at the intersection of business, government, and law. We represent 75+ Fortune 500 companies and employ eight lawyers with prior government experience. The office also boasts a nationally ranked eDiscovery group known for providing a full-service practice.