Intellectual Property Partner Jan Weir has represented clients in technically difficult, high-stakes intellectual property cases in federal court and successfully argues cases before the United States Patent and Trademark Office (USPTO) and the Court of Appeals, including the Federal Circuit for more than thirty-five years.
His sophisticated and extensive experience in the technical sphere have secured successful outcomes on behalf of clients in various industries, including Pharmaceutical, Organic Polymer Chemistry, Internet Connectivity, Medical Devices, Medical Robotics, Semiconductor Manufacturing, Software, DNA and Protein Patent Protection, and Mechanical. Mr. Weir is a nationally recognized, he has been honored by the Los Angeles Daily Journal as one of the Top 30 IP Litigators in California.
Mr. Weir obtained an unprecedented eleven case success streak winning technically complicated case on summary judgment. Mr. Weir successfully represented a client in a $4.5 billion dollar per year pharmaceutical case initially prevailing in the case on summary judgment. Mr. Weir represented a medical robotics client in another multi-million dollar litigation and again prevailed in the case by obtaining summary judgment.
Mr. Weir has an in-depth knowledge of molecular biology, biochemistry and chemistry and has provided advise to such companies and Rohm & Haas, Monsanto, Hunt-Wesson, Baxter an d Genetech. He has also successfully represented clients in bet-the-company litigation in semi-conductor manufacturing, medical device, robotics, internet related technology and software patent litigation among others. Mr. Weir’s successful representation of a small automotive after-market parts manufacture against the largest manufacture of after-market parts in the world was recognized as the second highest jury verdict for that year by The National Law Journal.
Mr. Weir has also successively represented clients in Inter Partes Review, on appeals to the Federal and Ninth Circuit Court of Appeals and before the International Trade Commission. He has lectured extensively on intellectual property issues including intellectual property ligation, ANDA litigation and trial tactics.
Represented defendant Acermed in copyright infringement action regarding computer software
Represented defendant Allez Spine in patent infringement case relating to spinal implants
Defeated plaintiff’s motion for preliminary injunction Won a major trial victory on behalf of Amphastar in Feb. 2007, obtaining a ruling that a Sanofi‐Aventis patent covering a drug with annual sales of $2 billion is unenforceable based on Aventis’s inequitable conduct in obtaining the patent
Represented defendant Apollo in patent infringement case relating to web‐based payment and collection system software
Represented plaintiff B‐K in patent infringement case relating to flood and sign lighting products
Represented plaintiff BioCell in infringement action on patents concerning chicken collagen type II
Negotiated a favorable settlement for client which resulted in defendant leaving the chicken collagen type II market in its entirety
Represented Biogenex in patent infringement case involving three patents related to preparation of biological samples for immuno‐staining
Represented Brinkman in trade dress/patent infringement case. Case included related action for trade dress and patent infringement before the U.S. International Trade Commission
Obtained judgment of no trade dress rights and patent invalidity, unenforceability, and non‐infringement in the ITC
Non infringement affirmed by Federal Circuit. District Court case favorably settled after favorable jury verdict and ruling on post‐trial motion
Represented Community Dental Services in trademark infringement action against numerous dental practices regarding the trademark “SmileCare.” After several favorable rulings from the court, which were upheld on appeal, the parties settled the matter on terms very favorable to the client including stipulated permanent injunctions.
Represented plaintiff Computer Motion in patent infringement action involving apparatus and method claims relating to robotically controlled surgical systems. Case included three co‐pending Interferences in the US Patent Office and a related patent infringement case against Intuitive Surgical and IBM in Delaware. The entire litigation settled with a merger of the two companies after obtaining summary judgment in Computer Motion’s favor of patent infringement
Represented Dynacorn in trademark and trade dress infringement action against GM’s trademark and trade dress rights in the 1969 Camaro. Case settled in Dynacorn’s favor
Orange County Intellectual Property Law Association
Los Angeles Intellectual Property Law Association
American Intellectual Property Law Association
Founding Member and Master of the Bench Markey Intellectual Property Inn of Court
Orange County Chapter of the Federal Bar Association
Honors & Awards
Top 30 IP Litigators in California, Daily Journal