Notable Representations, Key Contacts
Our litigators have a great track record in patent cases across all the major venues in the United States. We effectively advance our clients’ objectives, whether those are winning a dispute in court or negotiating an advantageous license. Our team provides clients with experience across multiple sectors, including semiconductors, high tech, telecom, pharmaceutical and biotechnology therapeutics, biotechnology research tools, medical devices, chemicals, manufacturing, and consumer products.
Integrated, Full-Service Patent Dispute Practice
Attorneys in the Patent Litigation group have extensive experience litigating and trying cases in all the major patent venues. We understand the landscape in each court and tribunal; this deep knowledge gives our clients a strategic advantage in high-stakes proceedings. Our patent litigators regularly represent clients in:
- U.S. District Courts: Our litigators have extensive experience, and have achieved significant wins, in the District of Delaware, the Eastern District of Texas, the Northern and Central Districts of California, the Eastern District of Virginia, the District of New Jersey, and others.
- Federal Circuit Court of Appeals: Clients rely on Weil’s patent appeals practice for its experience, acumen, and ability to deliver win after win in the Federal Circuit.
- U.S. International Trade Commission: Our lawyers regularly represent clients in high-stakes investigations under the ITC’s fast-paced procedures.
- Patent Trial and Appeal Board: We regularly work with clients on challenges to the validity of patents at the PTAB, in Inter Partes Review (IPR), Post-Grant Review, and Covered Business Method Review proceedings, both as Patent Owners and Petitioners.
- IP Due Diligence: We offer a multidisciplinary Strategic IP Counseling group that focuses on patent portfolio analysis, pre-dispute counseling and investigations, and IP transactions.
The Team’s Technical Depth
Recognized as a go-to firm for high-stakes patent litigation, we offer a deep bench of litigators with diverse technical and scientific backgrounds, including graduate and undergraduate degrees in: electrical engineering, physics, mechanical engineering, computer science, chemistry, biochemistry, molecular biology, and cell biology.
“Weil has an enduring reputation for excellence in high-exposure patent litigation between competitors, whose results transform fortunes and impact on entire industries.”
IAM Patent 1000
For many years Weil has represented Illumina, a major manufacturer of DNA sequencing instruments, in significant patent litigations in courts around the United States. Some recent notable successes include:
- Winning preliminary injunctions in June 2020 against a major competitor and imitator, Chinese conglomerate BGI, in the Northern District of California, which prevent BGI from launching its DNA sequencers in the U.S.
- Winning Federal Circuit affirmation in April 2020 of a $27 million patent jury verdict Weil earlier secured in 2018 for Verinata Health and Illumina adverse to Ariosa Diagnostics. Following trial, the federal jury found two of Illumina and Verinata’s patents valid and infringed, and found against Ariosa on its breach of contract counterclaims seeking nearly $100 million. The Daily Journal featured the jury trial victory as one of its “Top Verdicts” for 2018.
- Winning a significant Federal Circuit appeal in March 2020 in another patent infringement suit Illumina brought against Ariosa Diagnostics, in which the Federal Circuit identified for the first time a “method of preparation” as a category in the patentable subject matter analysis.
- Winning a preliminary injunction against another rival, Qiagen, prohibiting Qiagen from selling and marketing in the U.S. its competing DNA sequencer, the GeneReader NGS system, which specifically targeted the rapidly expanding clinical laboratory market for low-cost sequencing.
Ranked among the leading firms for Intellectual Property in California, Texas and Nationwide
Chambers USA 2023
Ranked among the leading firms nationally for Patents: Litigation.
Legal 500 US 2023
Weil is ranked as a national Tier 1 firm for Intellectual Property
Benchmark Litigation, 2023
Weil’s team “'fights aggressively, but reasonably” and “stands out through its combination of in-depth technology and life sciences sector knowledge and comprehensive patent disputes offering, with the strong district court experience and PTAB practice … combining well with the team's Federal Circuit and ITC investigations skills.”
Legal 500 US
Clients say Weil is “a go-to firm with effective execution and efficient work” and has “extraordinary lawyers producing top-notch work product" who are “smart, hard-working and meticulous” and “able to work at a high level on strategy and are always thinking five steps ahead," further noting “they’re superb in their client service and are an incredibly organized team. They’re on top of the large matters and they make sure the trains run on time.”
Ranked among the leading firms nationally for Patent Contentious and PTAB Litigation.
Managing Intellectual Property 2022
Ranked among the leading firms nationally for Patent Litigation, as well as in California, New York, Texas and Washington, D.C.
IAM Patent 1000 2023
Ranked among the leading firms in the U.S. for Intellectual Property: Patent.
Chambers Global 2022
When it comes to patent litigation and transactions Weil is a top national player. Whether handling challenging patent disputes, technology transfers, or licensing arrangements, the ensemble acquits itself with distinction and attracts top companies in the life sciences and tech industries.”
IAM Patent 1000, 2023