Industry Associations

  • Microbiology Society of America
  • American Chemical Society

Bar & Court Admissions

  • State Bar of California
  • U.S. District Courts for the Northern, Eastern, Central and Southern Districts of California
  • U.S Courts of Appeals for the Federal and Ninth Circuits
  • U.S. Patent and Trademark Office
  • United States Supreme Court

Professional Affiliations

Federal Bar Association's Orange County Chapter

Orange County Bar Association

American Bar Association (Intellectual Property and Litigation Sections)

American Intellectual Property Law Association

Los Angeles Intellectual Property Law Association

Education

University of California, Hastings College of the Law, J.D.  

University of California, Irvine, B.S.

Photo of Jan P. Weir

Jan P. Weir

Partner
Orange County
T: 714.557.7990
F: 714.557.7991
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Jan Weir is a partner in Michelman & Robinson, LLP’s (M&R’s) Intellectual Property Practice, specializing in Intellectual Property litigation. Mr. Weir handles all facets of patent, trademark, copyright, unfair competition, antitrust, and other technology based business litigation, including breach of Intellectual Property related contracts such as non-disclosure, licensing and joint development agreements. He also has years of experience in providing pre-litigation due diligence opinions and advising clients on how to manage, develop and strengthen their patent portfolios to address future litigation needs.

Mr. Weir is adept at developing and executing intellectual property strategies best suited to protect a client’s business whether by strengthening a client’s patent portfolio or developing defensive strategies against a competitor’s patent. With a graduate school background in molecular biology/biochemistry Mr. Weir has a particular depth of experience in chemical, medical and pharmaceutical patent litigation.

He has extensive experience as lead trial counsel in both judge and jury trials and was named one of the Top 30 IP Litigators in California by the Los Angeles Daily Journal. Mr. Weir is well versed in the management of high stakes, high profile litigation. He has tried cases to judgment throughout the United States and has won a large portion of his cases on summary judgment without the costly expense of trial. Mr. Weir has also argued numerous appeals before federal and state appellate courts. Over the course of his esteemed career, he has originated many novel legal arguments not only within the IP sector but as a matter of Federal litigation practice that have been adopted by the courts.

Mr. Weir routinely handles “bet the company” cases involving damage claims in the hundreds of millions of dollars. Mr. Weir's legal acumen, combined with his deep science and technology background, enables him to move adroitly across multiple industries, including electrical engineering and computer science, medical and biomedical, and general and mechanical engineering. The extensive list of technologies for which he has successfully represented clients includes pharmaceuticals, computer hardware and software, semiconductor manufacturing, internet and telecommunications, medical devices, robotics, and polymer chemistry among others.

Representative Matters

  • ANDA Litigation: Successfully secured a major trial victory on behalf of specialty pharmaceutical company, obtaining a ruling that patent covering brand drug with annual sales of $2 billion is unenforceable based on inequitable conduct in obtaining patent.
  • Biomedical Litigation: Represented biomedical company in patent infringement action concerning chicken collagen type II, obtaining a favorable settlement resulting in competitor leaving market in its entirety.
  • Patent Infringement: Represented a specialty pharmaceutical company in a pharmaceutical test method patent infringement action involving two patents, overturning a preliminary injunction instituted against the client, clearing the way for the client to market and sell the drug with annual sales of $2 billion, ultimately successful on summary judgment.
  • False Claims Act: Represented a pharmaceutical company suing on behalf of the United States federal and state governments due to another pharmaceutical company’s wrongfully attaining patent rights and overcharging government agencies, including Medicare and Medicaid and the Veterans’ Administration, during the term of the wrongfully obtained patent it claimed covered the drug.