Biography
Michael R. Weiner represents clients in patent infringement matters before district courts, post-grant proceedings before the U.S. Patent and Trademark Office, and in appeals to the U.S. Court of Appeals for the Federal Circuit. Mike's litigation experience involves technologies such as endoscopic surgical instruments, pharmaceutical compositions, and mechanical devices such as mining equipment.
Since 2016, Mike has been selected for inclusion in the Illinois Super Lawyers® lists. Only five percent of the lawyers in the state are recognized each year. He is also recognized as a "Leading Lawyer" by Leading Lawyers, a division of Law Bulletin Media.
Representative Experience
- 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.
Background and Credentials
Mike is experienced in patent litigation, patent interferences, chemical patent prosecution, and client counseling. He has represented clients in patent infringement matters before district courts, post-grant proceedings before the U.S. Patent and Trademark Office, and in appeals to the Federal Circuit.
Mike 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.
Education
- University of Illinois College of Law, Urbana-Champaign (J.D., summa cum laude)
- University of Illinois, Urbana-Champaign (B.S.)
- Chemistry
Bar Admissions
Publications and Presentations
- "Supreme Court Decides that IPR Final Decisions Must Address All Challenged Claims," Marshall Gerstein Alert, April 24, 2018.
- "Fractured Federal Circuit Reallocates a Burden of Proof in AIA Trials," IP Litigator, November/December 2017 issue.
- "Bearing the Burden," IPPro Patents, November 15, 2017 (featured quotes).
- "Federal Circuit Fracture on Deference Puts USPTO in Tough Spot," Law 360, October 13, 2017 (featured quotes).
- "Burden of Amended Claims Falls to Petitioner, Says Federal Circuit," IPPro Patents, October 9, 2017 (featured quotes).
Representative Matters
Card Verification Solutions, LLC v. Wells Fargo & Co.*
Northern District of Illinois
Helferich Patent Licensing, L.L.C. v. The New York Times Company*
Northern District of Illinois
Macove v. Luxton (represent The Procter & Gamble Company)
Patent Trial and Appeal Board
Matlin v. Aries (represent ACCO Brands Corporation)
Patent Trial and Appeal Board
Regents of the University of Michigan* v. St. Jude Medical, Inc.
Eastern District of Michigan
*Party Represented