Verified profile

Wesley E. Weeks

Intellectual Property Litigator at Wiley Rein LLP

Wesley E. Weeks's profile photo
LocationWashingtonDistrict of Columbia, United States
Current rolePartnerWiley Rein LLP · since Oct 2014
Government service2yrsCourt of Appeals for the Ninth Circuit · U.S. District Court · U.S. Department of Justice (DOJ) · Court of Appeals

About

Wesley is a trial and appellate lawyer who represents pharmaceutical companies and technology companies in patent litigation, licensing and trade secret disputes, and other complex matters. He has deposed numerous fact witnesses and scientific experts, cross-examined witnesses at trial, briefed dispositive motions and appeals, and argued a successful appeal as lead counsel before the Ninth Circuit.

Wesley currently co-chairs the American Bar Association’s Intellectual Property Litigation Non-Practicing Entity (NPE) sub-committee and serves on the Intellectual Property Executive Committee for the Federalist Society.

Roles

Oct 2014–Present
Current role

Partner

Wiley Rein LLP

Civil LitigationIntellectual Property AttorneyAppellate Litigation

Represents leading pharmaceutical companies in Hatch-Waxman Act patent litigations and licensing negotiations:

Represented sole ANDA filer in litigation over combination antiretroviral product.

Represented ANDA filer in litigation over P2Y12 inhibitor.

Represented ANDA filer in litigation over lyophilized injectable hormone formulation.

Represented ANDA filer in litigation over injectable hormone depot formulation and in petitioning for inter partes review of the patents asserted in litigation.

Represented ANDA filer in litigation over atypical antipsychotic.

Represents leading technology companies in patent litigations and licensing negotiations involving diverse technologies:

Represented Ireland’s largest software company in a multi-patent bet-the-company lawsuit in the Eastern District of Virginia.

Represented a GPS-manufacturer in defending against a $60 million willful infringement claim. Non-infringement judgment affirmed by the Federal Circuit.

Represents defense contractor in litigation with the United States Air Force over rights in technical data under DoD contracts in case presenting important interpretive question of first impression.

Represents defense contractor in ongoing multi-million dollar litigation over a terminated Foreign Military Sales transaction.

Represents domain name owner in litigation over ownership of domain names before the Fifth Circuit.

Represented industry group before the Copyright Royalty Board to set digital sound recording performance fees for Internet streaming for 2016-2020.

Represented trademark applicants in appeals before the Trademark Trial and Appeal Board.

Successfully obtained reversal of adverse agency decision on behalf of a family of asylum seekers. Both v. Sessions, 705 F. App’x 609, 610 (9th Cir. 2017).

Represents a service member in litigation before the Court of Federal Claims to obtain wrongfully withheld military deployment pay.

Jan 2013–Jan 2014
Former role

Law clerk

Court of Appeals for the Ninth Circuit

(appointed)

Law ClerkResearchLegal AssistanceAccount Executive

Served as judicial law clerk to the Honorable Andrew J. Kleinfeld, researching and drafting opinions, orders, and bench memoranda.

May 2012–Jul 2012
Former role

Summer Associate

Wiley Rein LLP

Washington, District of Columbia

Legal Assistance
Jan 2012–Apr 2012
Former role

Judicial Intern

U.S. District Court

(appointed)District of Columbia

Law ClerkResearch

Served as judicial law clerk to the Honorable Amy Berman Jackson, researching and drafting opinions, orders, and bench memoranda.

Sep 2011–Dec 2011
Former role

Legal Intern

U.S. Department of Justice (DOJ), Office of Immigration Litigation, Appellate Section

(appointed)District of Columbia

ResearchLegal Assistance
Jul 2011–May 2013
Former role

Research Assistant

Professor Michael I. Krauss

ResearchLegal Assistance
May 2011–Aug 2011
Former role

Judicial Intern

Court of Appeals

(appointed)Virginia

Law ClerkResearchLegal Assistance

Served as judicial law clerk to the Honorable Rossie D. Alston, Jr., researching and drafting opinions, orders, and bench memoranda.

Sep 2009–Aug 2010
Former role

Law Clerk

Schroder Fidlow, PLC

Law ClerkResearchLegal Assistance

Representative matters

Represents leading technology companies in patent litigations and licensing negotiations involving diverse technologies:

May 2025

Represents defense contractor in defending a patent infringement action in connection with technology developed for NASA. Represented a GPS-manufacturer in defending against a $60 million willful infringement claim. Non-infringement judgment affirmed by the Federal Circuit. Represented Canadian manufacture in defending its North American customers against a patent assertion campaign by its competitor. Represented Ireland’s largest software company in a multi-patent bet-the-company lawsuit in the Eastern District of Virginia.

Represents leading pharmaceutical companies in Hatch-Waxman Act patent litigations and licensing negotiations:

May 2025

Represents ANDA filer in litigations over oncologic products. Represented sole ANDA filer in litigation over combination antiretroviral product. Represented ANDA filer in litigation over P2Y12 inhibitor. Represented ANDA filer in litigation over lyophilized injectable hormone formulation. Represented ANDA filer in litigation over injectable hormone depot formulation and in petitioning for inter partes review of the patents asserted in litigation. Represented ANDA filer in litigation over atypical antipsychotic.

Maintains active pro bono litigation practice:

May 2025

Successfully obtained reversal of adverse agency decision on behalf of a family of asylum seekers. Both v. Sessions, 705 F. App’x 609, 610 (9th Cir. 2017). Represents a service member in litigation before the Court of Federal Claims to obtain wrongfully withheld military deployment pay. Regularly represents public interest groups, trade associations, and pro bono clients in cases before federal appellate courts and the Supreme Court of the United States. Representative cases include Acorda Therapeutics Inc. v. Mylan Pharmaceuticals Inc., 2015-1456 (Fed. Cir.); RPX Corp. v. ChanBond LLC, 17-1686 (S. Ct.); PDR Network, LLC v. Carlton & Harris Chiropractic Inc., No. 17-1705 (S. Ct.); Maryland-National Capital Park and Planning Commission v. American Humanist Association, No. 18-18 (S. Ct.); Exxon Mobil Corp. v. Healy, 18-1170 (2d Cir.).

Represents defense contractor in litigation :

May 2025

Represents defense contractor in litigation with the United States Air Force over rights in technical data under DoD contracts in case presenting important interpretive question of first impression. Represented defense contractor in ongoing multi-million dollar litigation over a terminated Foreign Military Sales transaction. Represented domain name owner in litigation over ownership of domain names before the Fifth Circuit. Represented industry group before the Copyright Royalty Board to set digital sound recording performance fees for Internet streaming for 2016-2020. Represented trademark applicants in appeals before the Trademark Trial and Appeal Board.

Recognition

Honors

"Ones to Watch" for Intellectual Property Law

The Best Lawyers of America directory

May 2025

Included in The Best Lawyers of America directory of "Ones to Watch" for Intellectual Property Law (2024-2025)

40 & Under

Benchmark Litigation guide

May 2025

Included in Benchmark Litigation guide in the "40 & Under" list (2025)

Publications & speeches

What Trump’s Broad Deregulatory EO Means for Telecom, Media, and Technology

Wiley Connect

February 2025

On February 19, 2025, the Trump Administration issued an Executive Order (EO) titled “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative.”

Link

Reminder: FCC’s One-to-One TCPA Consent Rule Takes Effect January 27, Raising Enforcement and Litigation Risks

Wiley.law

January 2025

The Federal Communications Commission’s (FCC or Commission) new Telephone Consumer Protection Act (TCPA) one-to-one consent rule takes effect in less than one week – on January 27, 2025. The new rule, once effective, will impose new standards for obtaining prior express written consent for certain marketing calls and text messages. As such, it will require significant updates to consent disclosure and collection processes for companies, including but not limited to comparison shopping.

Link

Careless Generative AI Use Puts Attorney-Client Privilege at Risk

Bloomberg Law

January 2025

Wiley attorneys examine AI impact on privileged communication Prepare by refining AI use policies, review vendor data terms

Link

Coronavirus Relief Package: What Employers and Industries Need to Know

Wiley.law

March 2020

By Thomas W. Antonucci and Jessica N. Rosenthal, Corporate Practice; Todd A. Bromberg and Martha G. Vázquez, Employment & Labor Practice; Kevin J. Maynard and Tracye Winfrey Howard, Government Contracts Practice; Rachel A. Alexander and Taylor Robert Daily, Health Care Practice; Wesley E. Weeks, Intellectual Property Practice; Timothy C. Brightbill, Laura El-Sabaawi, and Maureen E. Thorson, International Trade Practice; Attison L. Barnes, III and Richard W. Smith, Litigation Practice; David A. Gross and Kathleen A. Kirby, Telecom, Media & Technology Practice; and Peter S. Hyun, White Collar Defense & Government Investigations Practice – and with support from Sarah Hamlett and Charles Cooper of Signal Group.

Link

The Case for Uniform Standards Grows as States Sew More Laws into Patchwork of Data-Privacy Regulations

Washington Legal Foundation

September 2019

Businesses in the United States face a patchwork of different state privacy and data security laws—a patchwork that is only expected to grow in the coming years. These laws differ state by state and often include vague requirements, such as demanding “reasonable” cybersecurity controls. With this multiplicity of state laws comes the specter of significant damages, stemming from statutorily granted private rights of action to sue. This collection of uncertain and—often—excessively punitive state laws can be a nightmare for businesses with little clear benefit to consumers. Luckily, this status quo is not set in stone.

Link

Class Action Trends: Website Tracking Pixels and Video Privacy Protection Act (VPPA) Claims

Wiley — Online Webinar

October 2022

Link

You Lost at the USPTO, Now What? The When, Where and How of Appealing a TTAB/PTAB Decision

American Bar Association — Webinar

June 2020

Link

The Supreme Court Addresses the PTAB’s Broadest Reasonable Interpretation in Cuozzo v. Lee

AIPLA Webinar — Webinar

March 2016