Michael R. Weiner represents clients in patent infringement matters before district courts, and in appeals to the U.S. Court of Appeals for the Federal Circuit.  Mr. Weiner's litigation experience involves technologies such as endoscopic surgical instruments, injectable pharmaceutical compositions, and mechanical devices such as mining equipment. 

Recent Client Work

  • In Federal Circuit Court, obtained a ruling that reversed the district court’s judgment of infringement on behalf of an international manufacturer of mining equipment.  The court held, in Gillespie v. Dywidag Systems International, USA*, that under a proper claim construction our client’s mine-roof-bolt product did not infringe.
  • On behalf of a leading manufacturer of endoscopic electrosurgical instruments; obtained summary judgment of non-infringement and affirmance of the decision on appeal (Canady v. ERBE Elektromedizin*).
  • Obtained a favorable claim construction ruling for pharmaceutical client on a patented formulation of an injectable anesthetic product; positioning the client to reach a favorable settlement of an infringement case before trial.

Detailed Biography

Background and Credentials

Mr. Weiner is experienced in patent litigation, patent interferences, chemical patent prosecution, and client counseling.  He has represented clients in patent infringement matters before district courts, interference proceedings before the U.S. Patent and Trademark Office, and in appeals to the Federal Circuit.

Mr. Weiner served formerly as a law clerk to the Honorable S. Jay Plager at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.   He earned his J.D. in 1993, summa cum laude, from the University of Illinois College of Law, where he served as an Articles Editor for the Law Review.  He received a B.S. in Chemistry in 1984 from the University of Illinois.

Representative Matters

Ben Venue Labs, Inc. v. Hospira, Inc.*
Northern District of Ohio

Charter Communications Operating, LLC*  v. Verizon Communications, Inc.
Eastern District of Virginia

Chen (Bristol-Myers Squibb)* v. Hester, Jr. (Pharmacia)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Chee (Affymetrix) v. Drmanac (Hyseq)*
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Correa (Johnson & Johnson) v. Roberts (Procter & Gamble Company)* U.S. Court of Appeals for the Federal Circuit

Conmed Corp. v. Erbe Elektromedizin GmbH*
Northern District of New York

Geneva Pharmaceuticals, Inc.* v. Mylan Laboratories, Inc.
District of New Jersey

Kern (Rite-Hite)* v. Kalempa (Rytec)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Smiths Industries Medical Systems, Inc.* v. Vital Signs, Inc.
Court of Appeals for the Federal Circuit

Solaia Tech., LLC v. Mrs. Smith's Bakery, LLC*
Northern District of Illinois

Gillespie* v. Dywidag Systems Int'l
District of Utah and Court of Appeals for the Federal Circuit

Li (Human Genome Sciences) v. Godiska (ICOS Corp.)*
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Hester, Jr. (Pharmacia)* v. Bouchard (Aventis)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Hyseq Inc.* v. Affymetrix Inc.
Northern District of California

Jerome Canady, M.D. v. Erbe Elektromedizin GmbH*
District of Columbia and Court of Appeals for the Federal Circuit

Stevens ( Sanford)* v. Tamai (Seed Rubber Co.)
Court of Appeals for the Federal Circuit

VPS, LLC* v. Eastman Kodak
Northern District of Illinois

VPS, LLC* v. Shutterfly, Inc.
Northern District of California

VPS, LLC* v. Pictage, Inc.
Northern District of Illinois

Piersons v. Cabela’s, Inc.*
Northern District of New York

Embs v. Cabela’s, Inc.*
Southern District of Ohio

*party represented

Short Biography

Education

  • University of Illinois College of Law, Urbana-Champaign, J.D., summa cum laude
  • University of Illinois, Urbana-Champaign, B.S., Chemistry

Practices

Industries

Admissions

  • Illinois
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office

News

Michael R. Weiner

Partner

Michael R. Weiner represents clients in patent infringement matters before district courts, and in appeals to the U.S. Court of Appeals for the Federal Circuit.  Mr. Weiner's litigation experience involves technologies such as endoscopic surgical instruments, injectable pharmaceutical compositions, and mechanical devices such as mining equipment. 

  • T.312.474.9560
  • F.312.474.0448

Michael R. Weiner

Michael R. Weiner

Recent Client Work

  • In Federal Circuit Court, obtained a ruling that reversed the district court’s judgment of infringement on behalf of an international manufacturer of mining equipment.  The court held, in Gillespie v. Dywidag Systems International, USA*, that under a proper claim construction our client’s mine-roof-bolt product did not infringe.
  • On behalf of a leading manufacturer of endoscopic electrosurgical instruments; obtained summary judgment of non-infringement and affirmance of the decision on appeal (Canady v. ERBE Elektromedizin*).
  • Obtained a favorable claim construction ruling for pharmaceutical client on a patented formulation of an injectable anesthetic product; positioning the client to reach a favorable settlement of an infringement case before trial.

Detailed Biography

Background and Credentials

Mr. Weiner is experienced in patent litigation, patent interferences, chemical patent prosecution, and client counseling.  He has represented clients in patent infringement matters before district courts, interference proceedings before the U.S. Patent and Trademark Office, and in appeals to the Federal Circuit.

Mr. Weiner served formerly as a law clerk to the Honorable S. Jay Plager at the U.S. Court of Appeals for the Federal Circuit in Washington, D.C.   He earned his J.D. in 1993, summa cum laude, from the University of Illinois College of Law, where he served as an Articles Editor for the Law Review.  He received a B.S. in Chemistry in 1984 from the University of Illinois.

Representative Matters

Ben Venue Labs, Inc. v. Hospira, Inc.*
Northern District of Ohio

Charter Communications Operating, LLC*  v. Verizon Communications, Inc.
Eastern District of Virginia

Chen (Bristol-Myers Squibb)* v. Hester, Jr. (Pharmacia)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Chee (Affymetrix) v. Drmanac (Hyseq)*
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Correa (Johnson & Johnson) v. Roberts (Procter & Gamble Company)* U.S. Court of Appeals for the Federal Circuit

Conmed Corp. v. Erbe Elektromedizin GmbH*
Northern District of New York

Geneva Pharmaceuticals, Inc.* v. Mylan Laboratories, Inc.
District of New Jersey

Kern (Rite-Hite)* v. Kalempa (Rytec)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Smiths Industries Medical Systems, Inc.* v. Vital Signs, Inc.
Court of Appeals for the Federal Circuit

Solaia Tech., LLC v. Mrs. Smith's Bakery, LLC*
Northern District of Illinois

Gillespie* v. Dywidag Systems Int'l
District of Utah and Court of Appeals for the Federal Circuit

Li (Human Genome Sciences) v. Godiska (ICOS Corp.)*
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Hester, Jr. (Pharmacia)* v. Bouchard (Aventis)
U.S. Patent and Trademark Office Board of Patent Appeals and Interferences

Hyseq Inc.* v. Affymetrix Inc.
Northern District of California

Jerome Canady, M.D. v. Erbe Elektromedizin GmbH*
District of Columbia and Court of Appeals for the Federal Circuit

Stevens ( Sanford)* v. Tamai (Seed Rubber Co.)
Court of Appeals for the Federal Circuit

VPS, LLC* v. Eastman Kodak
Northern District of Illinois

VPS, LLC* v. Shutterfly, Inc.
Northern District of California

VPS, LLC* v. Pictage, Inc.
Northern District of Illinois

Piersons v. Cabela’s, Inc.*
Northern District of New York

Embs v. Cabela’s, Inc.*
Southern District of Ohio

*party represented

Short Biography

Michael R. Weiner

Education

  • University of Illinois College of Law, Urbana-Champaign, J.D., summa cum laude
  • University of Illinois, Urbana-Champaign, B.S., Chemistry

Practices

Industries

Admissions

  • Illinois
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office

News

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