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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
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.
Experience 11 results
Experience
|March 18, 2024
Drilling Tools International Corp. Closes on Acquisition of Deep Casing Tools
Experience
|January 19, 2024
Experience
|July 10, 2023
Winston advised Osmosun’s initial public offering on Euronext Growth.
Insights & News 1,020 results
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.
Recognitions
|November 7, 2024
|Less Than 1 Min Read
Winston Merits 98 Tier 1 Rankings in the 2025 Edition of Best Law Firms®
Winston & Strawn received a cumulative 98 Tier 1 practice area rankings in the 2025 edition of Best Law Firms®. 23 Winston practice areas received a National Tier 1 ranking, and 75 received local Metropolitan Tier 1 rankings across the firm’s Charlotte, Chicago, Dallas, Houston, Los Angeles, Miami, New York City, San Francisco, and Washington, D.C offices.
Webinar
|November 5, 2024
Decoding AI Law - Fall 2024 Edition
Join Winston’s Artificial Intelligence attorneys throughout November for a CLE-accredited webinar series exploring the latest topics at the intersection of generative and general AI and the law.
Other Results 28 results
Law Glossary
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.
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.
Law Glossary
What Are the Patent Litigation Differences Between the BPCIA and Hatch-Waxman Act?
There are fundamental differences between the abbreviated approval processes to obtain FDA approval for biosimilars and generic drugs as those processes relate to patent litigation.