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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
Trial skills matter—even in a world where few disputes ever see the inside of a courtroom. Winston has built a reputation as a trial lawyers’ firm, featuring seasoned litigators who leverage extensive courtroom experience to meet our clients’ business and legal objectives. Our long history of taking cases to trial—and winning—provides our clients with tremendous settlement leverage with their adversaries, as well as a substantial likelihood of a favorable resolution if, and when, they go to trial.
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.
Experience 135 results
Experience
|March 4, 2026
End of the Line: Winston Wins Unanimous Supreme Court Victory Against NJ Transit
In a unanimous decision authored by Justice Sotomayor, the U.S. Supreme Court held that NJ Transit is not an arm of the State of New Jersey and therefore is not entitled to sovereign immunity. The ruling means that plaintiffs injured by NJ Transit outside of New Jersey—such as in Pennsylvania and New York—may pursue claims in the courts of the states where their injuries occurred. The court adopted Winston’s position that state-created corporations that are formally liable for their own judgments are not arms of the state, reversing the Pennsylvania Supreme Court’s dismissal of Cedric Galette’s negligence suit while affirming the New York Court of Appeals’ decision allowing Jeffrey Colt’s case to proceed.
Experience
|February 4, 2026
A Winston & Strawn deal team led by Partners Justin Levy in New York and Paul Amiss in London advised Aeron Defense, a newly formed defense platform established by Ventus Industrial Partners in partnership with GenNx360 Capital Partners and Admiralty Partners, on its acquisition of defense contracting specialists General Tool Company and Magna Machine Company.
Experience
|February 2, 2026
A Winston & Strawn deal team led by Partners Justin Levy in New York and Paul Amiss in London advised Aeron Defense, a newly formed defense platform established by Ventus Industrial Partners in partnership with GenNx360 Capital Partners and Admiralty Partners, on its acquisition of defense contracting specialists General Tool Company and Magna Machine Company.
Insights & News 4,438 results
False Claims Act Playbook
|March 30, 2026
|7 Min Read
On February 24, 2026, the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) jointly announced that the U.S. Attorney’s Office in Chicago would be a lead prosecutorial partner on the recently launched interagency Trade Fraud Task Force. Originally launched on August 29, 2025, the Trade Fraud Task Force aims to aggressively pursue importers, purchasers, supply chain actors, and other entities engaged in customs fraud, including duty evasion, misclassification of goods, and smuggling of prohibited items. In this article, we evaluate DOJ’s continued commitment to designate substantial resources to its initiative to combat customs and trade fraud.
In the Media
|March 25, 2026
|1 Min Read
Brett Johnson Discusses Federal Circuit’s PTAB Review Decisions with Law360
Winston & Strawn partner Brett Johnson was quoted in a Law360 article examining the U.S. Court of Appeals for the Federal Circuit’s recent decisions declining to review the U.S. Patent and Trademark Office director’s discretionary denials of inter partes review (IPR) and post-grant review (PGR) petitions. Companies have filed constitutional arguments at the Federal Circuit challenging the high and evolving threshold for having an inter partes or post-grant review instituted, which has led to an unprecedented level of denied petitions. The companies had hoped to fit into a narrow exception to the America Invents Act that allows appeals for unconstitutional “shenanigans,” but the Federal Circuit has rejected all of the mandamus petitions since November.
Article
|March 25, 2026
|9 Min Read
Navigating Venezuelan Oil and Gas Sanctions Rollbacks
This article was originally published in Law360. Any opinions in this article are not those of Winston & Strawn or its clients. The opinions in this article are the authors’ opinions only.
Other Results 68 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.
Law Glossary
What Is an Inter Partes Review (IPR)?
An inter partes review of a patent is a type of administrative trial proceeding. Inter partes review became available in 2012 and replaced inter partes reexamination as a way to challenge patentability at the Patent Office. Any person who is not the owner of a patent can file a petition for a review of a patent. The Patent Trial and Appeal Board (PTAB) will act on the petition either instituting a trial or denying institution of a trial. This will occur a little over six months after the petition is filed. If trial is instituted, the proceeding will, with some limited exceptions, be resolved within one year.
Law Glossary
What Is the Copyright Royalty Board?
The U.S. Copyright Royalty Board (CRB) is a three-judge panel that functions as an independent unit within the Library of Congress. It performs the duties specified in the Copyright Royalty and Distribution Reform Act. The Act established statutory licenses that let approved parties utilize certain types of copyrighted works by paying a set royalty, without having to request an individual copyright license from each rights-holder. The CRB sets, and periodically adjusts, the rates and terms of the statutory licenses, and can also make determinations on the distribution of statutory license royalties collected by the U.S. Copyright Office. For example, the judges can determine, for a five-year period, the rates musical performers receive when their works are played via digital services. When licensors and licensees cannot reach rate agreements on their own, the CRB hears testimony from the various parties and then sets the rates. CRB Judges serve six-year terms. The first CRB judges were appointed by the Librarian of Congress in 2006.