The IP Counseling Practice is an integral part of Weil’s Patent Litigation Group.

Our attorneys provide pre-litigation counseling and perform initial case analysis. We advise clients facing threats from third party patent rights or who wish to assert patent rights against others. After assessing the strength of the claim and magnitude of the exposure or gain to the company, we develop and implement a response plan that may include negotiation, litigation, some form of transaction, or an alternative business solution.

Members of the Practice also analyze claim construction and validity issues and the interplay between them, and analyze inequitable conduct issues, as part of patent litigation teams.

We also advise clients in connection with ex parte and inter partes reexamination proceedings. Our attorneys are also skilled at devising patenting strategies for clients, taking into account such things as the IP goals of the company, value-drivers for the technology, competitive landscape, and availability of alternatives. Finally, we can assist clients in creating licensing and other programs to monetize their IP as well as providing counseling on trade secret issues, including implementation of clean rooms.

Each of the attorneys in this Practice has a science or engineering background that is relevant to our clients’ businesses and many are admitted to practice before the PTO.

Representative Services

• Pre-litigation counseling and initial case work-up. We advise clients facing threats from third party patent rights or who wish to assert patent rights against others. After assessing the strength of the claim and magnitude of the exposure or gain to the company, we develop and implement a response plan that may include negotiation, litigation, some form of transaction, or an alternative business solution.
• Analyze claim construction and validity issues and the interplay between them, and analyze inequitable conduct issues, as part of patent litigation teams. We also advise clients in connection with ex parte and inter partes reexamination proceedings.
• Devise patenting strategies for clients, taking into account such things as the IP goals of the company, value-drivers for the technology, competitive landscape, and availability of alternatives.
• Assist clients in creating licensing and other programs to monetize their IP.
• Counsel clients with trade secret issues, including implementation of clean rooms.