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Capabilities 29 results

Practice Area

Copyright-Infringement Litigation

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

Advertising Litigation

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....Read more

Insights & News 603 results

Client Alert

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March 26, 2025

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3 Min Read

Collateral Damage and Personal Liability for Local Counsel who Played Second-Fiddle to Lead Patent Counsel in Florida Court

A federal magistrate judge in the Southern District of Florida recently recommended sanctioning local counsel for allowing out-of-state lead counsel, who was not qualified in Florida and had never made an appearance to move the court for pro hac vice admission, to take the steering wheel as a backseat driver in a patent infringement lawsuit that was quickly dismissed for procedural missteps.

Client Alert

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March 19, 2025

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2 Min Read

Arizona Judge Snuffs Out Patentee’s Attempt to Add New Accused Products in LED Light Bulb Dispute and Strikes Its Expert’s Infringement Theories, Resulting in Immediate Settlement

In a rematch between Arizona-based Lighting Defense Group LLC (LDG) and Shanghai Sansi Electronic Engineering Company Ltd. (with its subsidiaries, collectively “SANSI”), LDG asserted multiple heat-dissipation-related patents in federal district court for the District of Arizona against SANSI’s LED lighting products available on Amazon.com. 

In the Media

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March 14, 2025

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2 Min Read

Robert Vlasis Discusses Federal Circuit Opinion Discarding ITC Limits on Qualifying Domestic Expenses with Law360 

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....Read more
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Other Results 29 results

Site Content

What Is Trademark Infringement?

Trademark infringement is defined as the unauthorized use of a trademark or service mark. This use can be in connection with goods or services and may lead to confusion, deception, or a misunderstanding about the actual company a product or service came from. Trademark owners can take legal action if they believe their marks are being infringed. If infringement of a trademark is proven, a court order can prevent a defendant from using the mark, and the owner may be awarded monetary relief....Read more

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)....Read more

Law Glossary

What Is a Safe Harbor?

A safe harbor is a legal provision in a statute or regulation that provides protection from a legal liability or other penalty when certain conditions are met....Read more
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