Michael S. Weinstein

Overview

Michael is an intellectual property attorney with significant experience litigating complex matters in federal district courts nationwide and in inter partes review proceedings before the Patent Trial and Appeal Board. Michael focuses his practice on patent litigation for clients in the pharmaceutical, agrochemical, chemical, medical device, and consumer product industries. 

Michael has deep experience in the pharmaceutical industry, both in branded-side patent litigation and generic-side Hatch-Waxman cases. Michael’s experience further includes cases involving claims of trademark infringement, unfair competition, trade secret misappropriation, breach of contract, and tortious interference.

Michael has led teams through all stages of litigation from pre-suit investigations, discovery, motion practice, claim construction, fact and expert depositions, summary judgment, trials, and appeals in the United States Court of Appeal for the Federal Circuit. Michael also advises clients on IP portfolio protection, as well as providing pre-litigation and freedom-to-operate opinions.

Michael’s recent successes include obtaining a multi-million dollar jury verdict in the District of Delaware in a breach of contract and trade secret misappropriation dispute. Michael also secured a highly favorable outcome for a client in a week-long arbitration hearing defending against claims of breach of contract, false advertising, and false association.  Additionally, Michael was a member of a trial team that achieved a record-breaking $2.54 billion patent infringement jury verdict.