Weitzman  | IP
Intellectual Property Law

Practice Description

Ken Weitzman is the managing attorney and founding member of WEITZMAN LAW OFFICES, LLC, which specializes in intellectual property ("IP") law.  Mr. Weitzman, who has a peer review rating of "AV® Preeminent™" in Martindale-Hubbell, is recognized as a leading intellectual property attorney.  Mr. Weitzman is recognized by Inside Jersey as one of "New Jersey's Top Legal Minds," has been named a "New York Super Lawyer" and "New Jersey Super Lawyer" by Law & Politics, and his Firm is recognized as one of the "Go-To Law Firms® at the Top 500 Companies" by ALM and New Jersey's "Most Influential Law Firms" by Corporate Vision.

Mr. Weitzman is a veteran IP attorney with over 30 years experience in virtually all areas of IP law, including patent and trademark litigation; brand protection and anti-counterfeiting, patent, trademark and copyright procurement and prosecution; opinions and client counseling; product clearances; IP due diligence investigations; and IP agreements and licensing.  In addition, Mr. Weitzman has also served as a mediator and expert witness in litigations involving patent issues.

 

Mr. Weitzman has litigated, prosecuted and rendered opinions in complex, high technology patent matters involving a wide array of technologies, including medical devices, e-commerce and financial services, automotive products, computer software, jewelry and fashion, consumer products, electronics, semiconductors and telecommunications systems.

Prior to founding his firm, Mr. Weitzman was a partner with the law firms of Chadbourne & Parke, LLP and Morgan & Finnegan, LLP in New York City.  In addition to being a highly-experienced IP litigator, Mr. Weitzman is a registered patent attorney with extensive experience handling matters before the U.S. Patent & Trademark Office, including patent and trademark prosecution and appeals to the Patent Trial & Appeal Board and the Trademark Trial & Appeal Board.  Mr. Weitzman has worked extensively with clients to develop and implement patenting strategies to meet their business objectives--ranging from performing patent landscape analyses and product clearance studies to assisting clients with identifying and obtaining patents encompassing their critical technologies.  Mr. Weitzman regularly advises clients regarding the scope, infringement, validity and enforceability of U.S. patents, including risk assessment and guidance for designing around competitive patent rights.  Mr. Weitzman also advises clients as to the availability of trademarks for registration and use, drafts and negotiates licenses and other IP agreements, and performs IP due diligence investigations in connection with mergers and acquisitions.  In addition, Mr. Weitzman also assists his clients in the enforcement of IP rights and in the defense of claims of infringement of third party IP rights, including preparing and responding to cease and desist letters and developing effective strategies to achieve his clients' particular business objectives.

Mr. Weitzman's broad IP experience permits him to provide his clients with innovative, cost-effective solutions relating to their IP issues.  By offering his clients unparalleled expertise and responsiveness, he prides himself on providing his clients with the highest quality of service to meet all of their IP needs.

Practice Areas

 

• Intellectual Property Litigation

• Patent Portfolio Management

• Patent Prosecution

• IP Opinions and Counseling

• Product Clearance Investigations

• Patentability & Prior Art Studies

• Brand Protection & Anti-Counterfeiting

• Trademark Prosecution

• Trademark Clearance Investigations

• Domain Name Disputes

• Due Diligence Investigations

• IP Licensing & Transactions

• Copyright

 

Representative Technologies

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• Medical Devices

• Financial Services

• Telecommunications

• Computer Software & Hardware

• Semiconductors

• E-Commerce & Business Methods

• Jewelry and Fashion

• Automotive

• Cosmetics

• Mechanical Arts

 

Education and Professional Background

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• University of Massachusetts, B.S. 1985

• Northeastern University, Graduate School of Engineering, 1987-1988

• Seton Hall University School of Law, J.D., cum laude, 1992

• Partner, Chadbourne & Parke, LLP, 2005-2007

• Partner, Morgan & Finnegan, LLP, 2002-2005

• Associate, Morgan & Finnegan, LLP, 1994-2001 

• Carella Byrne et al., 1992-1994

• Design Engineer, Texas Instruments Inc., 1985-1989

 

Bar Admissions

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• Admitted to practice:  New Jersey, 1992; New York, 1993; District of Columbia, 1993; U.S. Supreme Court, 2002; U.S. Court of Appeals for the Federal Circuit, 1995; U.S. Court of Appeals for the Third Circuit, 1993; U.S. District Court, District of New Jersey, 1992; U.S. District Court, Southern District of New York, 1994; U.S. District Court, Eastern District of New York, 1996; U.S. District Court, District of Arizona, 1998; Registered to practice before the United States Patent & Trademark Office, 1992.

 

Honors and Achievements

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• Recognized as one of the "Go-To Firms® at the Top 500 Companies" by ALM

• Recognized as one of New Jersey's "Most Influential Law Firms" by Corporate Vision

• Recognized as a "Top Rated Litigator" by ALM

• Recognized as a "Top Rated Lawyer in Intellectual Property Law" by ALM

• Selected as one of selected as one of "New Jersey's Top Rated Lawyers" by ALM

• Recognized as one of "New Jersey's Top Rated Lawyers" in the area of intellectual property by Inside Jersey - Aug. 2012

• Recognized as a New York Super Lawyer and a New Jersey Super Lawyer in the area of intellectual property by Law & Politics

• Peer review rating of "AV® Preeminent™" in Martindale-Hubbell, the highest legal ability and ethical standards rating according to lawyers in that publication

• Legal Elite 2017 by Corporate Vision

• 2017 Dispute Resolutions Award by Acquisition International Magazine

• Listed in "Bristol Who's Who of Executives and Professionals"

 

Activities and Affiliations

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• Arbitrator and Mediator, World Intellectual Property Organization (WIPO)

• Member of Working Committee, American College of Trial Lawyers Complex Litigation Committee--Manual on the Trial of a Patent Case, 2005-2007

• Member, American Intellectual Property Law Association; Federal Circuit Bar Association; New Jersey Intellectual Property Law Association; New York Intellectual Property Law Association; International Trademark Association; and New Jersey State Bar Association

• Chairman, IPL Section Committee on Inequitable Conduct, American Bar Association, 1997-1999; Subcommittee Chairman, 1995-1997

• Member, IPO Software Related Inventions Committee, 2017–Present; Member, IPO Software & Business Method Committee, 2008; Member, IPO Litigation Committee, 2006-2007; IPO International Trade Commission Committee, 2005

• Member, AIPLA Trademark Litigation Committee, 2018–Present; AIPLA Trademark Law Committee, 2005–2009, 2018–Present; AIPLA Electronics and Computer Law Committee, 2018–Present; AIPLA Patent Law Committee, 2018–Present; AIPLA Practice in Japan Committee, 2005–2009, 2018–Present; AIPLA IP Practice in Europe Committee, 2005–2009, 2018–Present; AIPLA Patent Litigation Committee, 2005–2009, 2018–Present; AIPLA International & Foreign Law Committee, 2005–2009; AIPLA IP Practice in the Far East Committee, 2005–2009; and AIPLA IP Practice in Latin America Committee, 2005–2009

 

Publications/Presentations/Media

 

• Author, Chapter 10, "Summary Judgment Motions," Anatomy of a Patent Case, pp. 103-120 (BNA 2d ed. 2012)

• Author, Chapter 9, "Summary Judgment," Anatomy of a Patent Case, pp. 79-93 (BNA 2009)

• Quoted in “The Intellectual Property Mystique – Buyers scoping out another company’s intellectual property must pay close attention to what they’re getting and value it accordingly,” NJBIZ Mergers & Acquisitions Supplement 2008 Edition  

• Quoted CNNMoney.com, KLTV (Texas), CNN International, Mobility Today, "Setback for BlackBerry Maker," Jan. 2006

• Speaker, AIPLA IP Practice in Japan Committee, "Recent Changes to Reexamination Proceedings," Jan. 2006

• Author, "After 'Knorr-Bremse,' Counsel Opinion Still Needed," The National Law Journal (Oct. 2005)

• Author, "How to Avoid Patent Infringement Litigation," Medical Design News (May/June 2004)

• Author, "A Patentee's Dilemma: Providing Actual Notice of Infringement Without Becoming Subject to a Declaratory Judgment

• Action," Intellectual Property & Technology Law Journal (Aug. 2003)

• Featured as "Associate in the News," The Associate (Summer 1998)

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