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Capabilities 31 results

Practice Area

Copyright-Infringement Litigation

Practice Area

Trademark Litigation, Prosecution & Brand Protection

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

Insights & News 781 results

Client Alert

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April 4, 2025

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6 Min Read

USPTO Director Review Insights and PTAB Policy Shifts: Early 2025

The U.S. Patent and Trademark Office (USPTO) granted seven requests for Director Review in the first quarter of 2025 and reported denying fifty-three requests during this same period. By comparison, the USPTO granted four requests for Director review in the last quarter of 2024 and reported denying 38 requests. The latest Director Review opinion suggests a policy shift towards more discretionary denials of IPR petitions, even with a Sotera stipulation.

Life at Winston

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April 3, 2025

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2 Min Read

Winston For Good Heroes: Ken Berry Personifies the Art of Paying It Forward

Ken Berry, Winston’s CSR & Pro Bono Administrator, is grateful for all he's received and is focused on paying it forward within his community.

Client Alert

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March 27, 2025

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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. ...Read more
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Other Results 35 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

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What Is Cybersquatting?

The term cybersquatting refers to the unauthorized registration and use of Internet domain names that are identical or similar to trademarks, service marks, company names, or personal names. Cybersquatting registrants obtain and use the domain name with the bad faith intent to profit from the goodwill of the actual trademark owner. Both the federal government and the Internet Corporation for Assigned Names and Numbers have taken action to protect the owners of trademarks and businesses against cybersquatting abuses....Read more

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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
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