Charles A. Weiss

Charles A. Weiss

Charles A. Weiss concentrates his practice on technology-driven litigation, counseling, and transactions, primarily in the pharmaceutical, chemical and biotechnology areas. He also counsels clients on questions of patent validity and infringement and provides a litigator’s perspective on prosecution matters. Recognized as one of the world’s leading patent litigators by IAM Patent Litigation 250 in 2011, particularly in the life sciences field, Mr. Weiss is praised as “an articulate, technically astute lawyer with an instinctual feel for patent litigation.”

Mr. Weiss has litigated patent, trade secret, license, and false advertising cases involving matters such as the expression of recombinant proteins, controlled-release pharmaceuticals, medical diagnostic agents, endocrine and hormone products, nutritional supplements, food chemistry and processing, high-caustic detergents, pipe liners, and tube fittings. He also has substantial experience in the investigation of product counterfeiting and pursuit of those responsible.

In addition to his work as a trial lawyer, Mr. Weiss is active in the firm's appellate practice. Cases he has argued or briefed on appeal include:

In re Metoprolol Succinate Patent Litigation (AstraZeneca v. KV Pharmaceutical), 494 F.3d 1011, 83 USPQ2d 1545 (Fed. Cir. 2007)

Abraxis BioScience Inc. v. Mayne Pharma (USA) Inc., 467 F.3d 1370, 80 USPQ2d 1705 (Fed. Cir. 2006)

Bio-Technology General Corp. v. Duramed Pharmaceuticals, Inc., 325 F.3d 1356, 66 USPQ2d 1360 (Fed. Cir. 2003)

Enzo Biochem, Inc. v. Gen-Probe, Inc., 323 F.3d 956, 63 USPQ2d 1609 (Fed. Cir. 2002), on reh'g of 285 F.3d 1013, 62 USPQ2d 1289 (Fed. Cir. 2002)

Ecolab, Inc. v. Envirochem, Inc., 264 F.3d 1358, 60 USPQ2d 1173 (Fed. Cir. 2001)

Purdue Pharma L.P. v. Faulding Inc., 230 F.3d 1320, 56 USPQ2d 1481 (Fed. Cir. 2000)

Mr. Weiss also enjoys a diverse non-litigation practice, with an emphasis on supporting transactions in which a substantial value is attributed to a party’s patent position, such as its ability to exclude competitors or to bring its product to market free of meritorious infringement claims by others. He has negotiated and drafted hundreds of licenses and other agreements, including commercial collaboration, joint research, and product acquisition agreements, and regularly advises financial professionals on the strength or vulnerability of a target company’s patent position.

Following his graduation from law school, Mr. Weiss clerked for the New Jersey Supreme Court. After his clerkship and before joining Kenyon & Kenyon, Mr. Weiss worked for several years at a large general practice firm and gained experience in varied commercial matters, including corporate and securities transactions, contract litigation, insurance and banking disputes, construction litigation, accounting and attorney malpractice, and investigations of employee malfeasance and fraud.

Mr. Weiss is an adjunct professor at New York Law School, where he designed and teaches a course on patent litigation and analysis, and an associate adjunct professor at Brooklyn Law School, where he designed and teaches a course on food and drug law.