LES J. WEINSTEIN, ESQ.

EXPERIENCE AND SPECIALTIES

Les Weinstein is an Attorney, Mediator and Arbitrator, with over 40 years of extensive litigation and counseling experience in Patents, Copyrights, Trademarks, Unfair Competition, Technology Licensing, Antitrust, Business and Commercial matters, Trade Regulation, International Trade and Real Estate. He has counseled and advised domestic and multinational companies with regard to patent licensing activities and assisted them in licensing negotiations, including the formation of technology joint ventures.

He has lectured on numerous occasions on the topics of antitrust, trade regulation, litigation and patent law. He tried numerous cases in federal and state courts, and appeared before the International Trade Commission. Mr. Weinstein currently serves as a Neutral to resolve matters involving patent infringement and technology licensing issues, including matters involving international companies and cross-border participants.

United States Department of Justice, Washington, D.C.

Upon graduation from law school, he was appointed (as the first PTO registered patent lawyer to join the Antitrust Division) under the Attorney General's DOJ Honor Program. During his five-year tenure with the Antitrust Division, Mr. Weinstein tried several civil and criminal antitrust cases. He also handled criminal grand jury investigations, appellate and legislative matters. Mr. Weinstein earned his LL.M while serving as a trial attorney in the Special Litigation Section of the DOJ Antitrust Division.

While serving as a policy advisor to the Assistant Attorney General concerning patent matters, Mr. Weinstein was instrumental in the formation of a Patent Section of the Antitrust Division. During that period he drafted a statute requiring that patent interference settlement agreements be filed with federal authorities which proposed statute President Kennedy requested in his legislative agenda. It was enacted as 35 USC §135(c). His experience in trying and supervising through successful appeal in the Supreme Court of the United States v. Singer Manufacturing Company litigation, was the motivation of the statute. He also assisted in the drafting of the United States' successful amicus briefs in the Stiffel v. Compco, and Daybright v. Sears Supreme Court cases.

During Mr. Weinstein's tenure in the Antitrust Division, he had responsibilities for cases in the pharmaceutical, chemical, automotive and electronics industries, including United States v. Ely Lilly, et al., United States v. General Motors which was resolved in a companion civil action in the Supreme Court in United States v. General Motors; and U.S. v. Singer Manufacturing Company (trial and appeal). In addition, he was the principal attorney in the bringing of United States v. Monsanto and Farbenfabriken Bayer (MOBAY), the first successful government antitrust case challenging technology joint ventures.

After leaving the U.S. Department of Justice Antitrust Division, Mr. Weinstein moved to California and entered private practice. His law practice is focused on antitrust, intellectual property and other complex commercial disputes. He obtained extensive litigation and trial experience in patent and antitrust cases, including class actions in the state and federal courts, and in federal MDL cases. He also handled a client’s defense in a major product liability case (e.g., In re Agent Orange) and was the primary lawyer in significant real estate fraud cases brought by a financial institution. He serves as an AAA and International Chamber of Commerce designated arbitrator. He is currently a partner in Squire, Sanders & Dempsey’s Los Angeles office.

With the creation of the Court of Appeals for the Federal Circuit, the emphasis of Mr. Weinstein's litigation and his status as a patent attorney registered to practice in the U.S. Patent and Trademark Office practice broadened to include patent litigation and technology licensing. Mr. Weinstein has worked with clients and with co?counsel on the aspects of technology and patent litigation which call upon his trial and antitrust related experience. Patent cases in which he had hands on and/or supervisory responsibility include: Genentech, Inc. v. Centocor, Inc., U.S.D.C. (N.D. Ca.), Case No. 98-01046CW; IMS Technology, Inc. v. Okuma America Corp., U.S.D.C. (E.D. Ill.), Case No. 95-C-5779; Mitsubishi Electric Corp. v. IMS Technology, Inc., U.S.D.C. (E.D. Ill.), Case No. 96-C-499; Hoover Universal Inc. v. Graham Packaging Corp. (C.D. Ca.), Case No. 95-3331 (KMW) and 95-8706 (KMW); IMS Technology, Inc. v. Bridgeport Machines, Inc., U.S.D.C. (E.D. Ill.), Case No. 96-C-3002; IMS Technology, Inc. v. Mitsubishi Electric Corporation, U.S.D.C. (E.D. Va.), Case No. 96-206A; Mitsubishi Electric Corporation v. Jerome H. Lemelson, U.S.D.C., Central District Case No. SACV93-142-LHM (RWRx); Go Video v. Akai, (U.S.D.C. Arizona).

In 1995, Mr. Weinstein conceived and was instrumental in bringing one of the first RICO cases - and the first one of significance – challenging the abuse of patents in a patent licensing and enforcement program (Mitsubishi Electric Corporation v. Lemelson (D.Nev.)).

He has worked for a variety of clients, including Idemitsu Petroleum(Japan), Radius Inc., Centocor Inc., General Scanning, Inc., Honda Motors (Japan), Honda Motors (America), Mitsubishi Electronics America, Mitsubishi Electric Corporation (Japan), Matsushita Electric Industrial Co(Japan)., Panasonic., Sylvania Electric and Meal Inc. (Taiwan). This work spanned antitrust and intellectual property advice and counseling, litigation, arbitration, joint venture formation, licensing, consumer rights and class actions.

Representative cases in which Mr. Weinstein had a supervisory and/or major litigation, trial and /or appellate role include:

U.S. v. General Motors, (criminal antitrust)
U.S. v. Eli Lilly, et al., (criminal antitrust)
U.S. v. Singer Mfg. Co., (civil patent/antitrust)
Goldman v. Glendale Federal (Consumer Class Action – Lending Practices)
Home Savings v. Superior Court (Home I) (Consumer Class Action/Constitutional law)
Home Savings v. Superior Court (Home II) (Consumer Class Action/Constitutional law)
Glendale Federal v. Marina View (fraud, contract, commercial real estate)
Laks v. Coast Federal (civil, commercial real estate)
Richards v. Home Savings (contract, fraud)
Go-Video v. AKAI Electric (antitrust/patent)
Sunkist v. RJR Nabisco (arbitration, contract)
Cornwell v. CTS (antitrust)
Security Title vs. Great Western S&L (antitrust, insurance)
Van der Ahe v. Sylvania (antitrust)
W.T. Thompson v. GNC (antitrust)
Davis v. Hawthorne Financial (fraud)
Turturicci v. Miller Brewing Co. (antitrust)
CIT v. Galen (contract)
In re Beef, (MDL) (antitrust)
In re Master Key, (MDL) (antitrust)
Wang v. Mitsubishi Electric (patent, antitrust)
Mitsubishi Electric vs. Ampex (patent, antitrust, unfair competition)
Ampex vs. Mitsubishi Electric (patent)
Tandem Computer (ITC, patent)
National Semiconductor (ITC, patent)
Wang Technology (ITC, patent)
Idemitsu Petroleum vs. Chevron Oil (arbitration, contract)
Prosecutor in 3 grand jury criminal investigations while at the DOJ.
Defense counsel in 5 federal grand jury criminal investigations.

PUBLICATIONS AND PRESENTATIONS

Weinstein, "The Application of Section 7 of the Clayton Act to Patents," George Washington University Patent, Copyright and Trademark Journal

Weinstein & Smith, "Going on the Offensive: Countering the Pro-Patent Trend in Patent Litigation," The General Counsel Advisor, Vol. 2, No. I (Spring 1994)

Panelist: American Bar Association, Litigation Section, Application of general litigation and antitrust principles in patent cases (1997)

Lecturer: Korean Invention Promotion Association (KIPA), Soul, Korea (1997)

Lecturer: Korean Intellectual Property Association, Seoul, Korea, The Patent-Antitrust Interface: Risks and Opportunities (1998)

Guest Lecturer: Kellogg School of Management, Northwestern University, Evanston, Illinois: Cross-Cultural Negotiations (1999)

Panelist: American Bar Association, Intellectual Property Committee of the Antitrust Section, Recent developments in CAFC decisions as they relate to antitrust and unfair competition issues in patent cases (1999)

DecisionQuest: featured trial lawyer, American Lawyer and National Law Journal (December, 1999).

Featured Speaker: Meeting of the Chinese (PRC) Bar Association, Plenary Meeting, on the topic of China, the WTO, International Trade and U.S. Antitrust law Enforcement (Beijing, China, January 2000)

Lecturer: Patent law and competition, The John Hopkins University Department of Economics (2003)

Presenter and Member of the Advisory Committee of the PricewaterhouseCoopers Leadership Conferences (2000-2004) on Intellectual Property and other Complex litigation

Admitted to practice before the U.S. Patent and Trademark Office. Former United States Patent and Trademark Office Examiner (while in law school, a patent examiner in the electro-mechanical servo systems art).

American Bar Association, Antitrust, Litigation and Intellectual Property Sections
Los Angeles County and California Bar Associations (Antitrust, International Law, Intellectual Property Sections)
American Arbitration Association, Member, National Panel Member
American Intellectual Property Law Association
Member, Attorney Settlement Officer Panel, U.S. District Court (C.D. Cal.)
Member, Los Angeles Superior Court Mediation Panel
Member, University of Pennsylvania President’s Council and Harrison Society
Los Angeles Chamber Orchestra (Director)
Los Angeles County Art Museum (Founder)
Los Angeles Museum of Contemporary Art (Founder)

B.S., University of Pennsylvania, Philadelphia, Pennsylvania ( Engineering)
J.D., George Washington University Law Center, Washington, D.C. (with Distinction )
LL.M., George Washington University Law Center, Washington, D.C. (Antitrust, Trade Regulation and Intellectual Property)
Completed advanced ADR Course: “Mediating the Litigated Case,” Pepperdine Law
School, sponsored by the United States District Court

Business/Commercial
Class Actions
Complex Litigation
Intellectual Property
Patent law
Real Estate
Special Master/Discovery Referee
Technology Law