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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 20 results
Experience
|June 28, 2024
Agreement Between 119 Institutional Investors and the Company Vivendi SE
119 institutional investors, among which Union Asset Management Holding, accused the French company Vivendi of having disseminated false or misleading information between 2000 and 2002, thereby causing them an important stock market damage.
Experience
|March 18, 2024
Drilling Tools International Corp. Closes on Acquisition of Deep Casing Tools
Experience
|January 19, 2024
Insights & News 1,576 results
Recognitions
|December 19, 2024
|1 Min Read
Winston & Strawn Co-Executive Chairman Jeffrey Kessler was named as one of Sports Business Journal’s Most Influential People in Sports Business 2024. Jeffrey was listed alongside Hagens Berman Managing Partner Steve Berman and Senior District Judge for the Northern District of CA Claudia Wilken—the trio was recognized for their integral roles in the landmark House, Hubbard, and Carter antitrust cases which could result in a seismic shift in the college sports landscape.
Recognitions
|December 17, 2024
|1 Min Read
Kathi Vidal Named to Managing IP’s 50 Most Influential People in IP 2024
Winston & Strawn partner Kathi Vidal was named among the 50 Most Influential People in IP 2024 by Managing IP for the third consecutive year. The list includes industry leaders, public officials, IP authorities, judges and notable individuals across the globe.
In the Media
|December 12, 2024
|1 Min Read
Michael Stepek Discusses Representation of Dominion Minerals in Arbitration with Panama
Winston represents Dominion Minerals Corp. in its claims brought pursuant to the Treaty between the United States and the Republic of Panama concerning the Treatment and Protection of Investments arising out of Dominion’s investment in a copper and gold concession in Western Panama before a Tribunal of the International Centre for Settlement of Investment Disputes (ICSID). Dominion received an award in its favour that found the Republic of Panama liable for breach of the FET and expropriation provisions in the Treaty and awarded damages with a current value of $26.7 million. This is the first time that the Republic of Panama has ever been found liable for breach of its international obligations to a foreign investor.
Other Results 31 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.