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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 13 results
Experience
|November 8, 2023
$525 Million Delmarva Power & Light Company Private Placement of First Mortgage Bonds
Experience
|September 13, 2023
US$100M Potomac Electric Power Company Private Placement of First Mortgage Bonds
Insights & News 1,672 results
Seminar/CLE
|May 13, 2025
2025 Health Care & Life Sciences Summit
Winston & Strawn is pleased to host its fifth annual Health Care & Life Sciences Summit. Clients and friends of the firm are invited to join us to network with peers and gain insights from industry leaders and legal experts. The summit will take place live at our Chicago office, and CLE-eligible recordings of the Summit’s sessions will be available shortly following the event.
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.
Client Alert
|March 26, 2025
|3 Min Read
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.
Other Results 31 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).
Law Glossary
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.
Law Glossary
What Is Children’s Privacy Law?
An important children’s privacy law in the U.S. is the Children’s Online Privacy Protection Act (COPPA). COPPA requires the Federal Trade Commission to issue and enforce regulations concerning the online privacy of those under age 13. The Commission’s first COPPA Rule took effect in 2000, and an amended Rule took effect in 2013. The primary goal of COPPA is to place parents in control over personal information collected from their children online. Its Rule applies to commercial websites, online services, and mobile apps that collect, use, or disclose children’s personal information. The Act applies to websites designed for children’s use but can also apply to general audience sites. Additionally, the Family Educational Rights and Privacy Act (FERPA) is a federal law that prevents the sharing of personal student data and educational records with third parties without parental consent. However, the law does allow schools to share student information with some types of educational vendors and consultants.