Karen Vogel Weil

1901 Avenue of the Stars,
Suite 1500
Los Angeles, CA 90067
Tel: 310-551-3450
Fax: 310-551-3458
Email:

Legal Areas of Emphasis

Patent Litigation

Trademark and Trade Dress Litigation

Copyright Litigation

Trade Secrets and Unfair Competition Litigation

Client Counseling

Copyrights

Entertainment Law

Licensing

Rights of Publicity

Trade Secrets

Trademarks and Domain Names

Internet Law

Professional Profile

Karen Vogel Weil is a partner in our Los Angeles office.  Ms. Weil has experience in all aspects of intellectual property litigation; including representing plaintiffs and defendants in patent, trademark, copyright and trade secret disputes.  Ms. Weil has both trial and appellate experience.  Ms. Weil has received the highest rating (AV) from Martindale-Hubbell.

Ms. Weil joined the firm in 1989 and became a partner in 1992.  Prior to joining the firm, Ms. Weil was an attorney at a Washington, D.C. firm that specialized in actions regarding the enforcement of U.S. intellectual property rights against imported products before the U.S. International Trade Commission.

Ms. Weil has spoken extensively on patent litigation issues.

Education

The George Washington University Law School (J.D. 1984), with honors

Member, George Washington Journal of International Law & Economics

University of California, Davis (B.A. History 1980) cum laude

Phi Beta Kappa Honorary Society

Representative Matters

Heuft Systemtechnik GmbH v. Industrial Dynamics Co., 2008 U.S. App. LEXIS 13486, 2008 WL 2518562 (Fed. Cir. 2008).  In jury trial and appeal, represented manufacturer of bottle-inspection equipment accused of patent infringement.  After jury trial and verdict of infringement, successfully defeated claims for damages and injunction, and after appeal, defeated all claims of infringement as well.  

Applied Medical Resources Corp. v. United States Surgical Corp., 353 F. Supp.2d 1075 (C.D. Cal. 2004), aff'd, 453 F.3d 1356 (Fed. Cir.  2006). In jury trial, represented medical device maker in obtaining verdict of $43.5 million and a finding that Tyco-Unit U.S. Surgical had willfully infringed patent. The Court upheld the verdict, enhanced the damages, and entered a $64.5 million judgment.  The appellate court affirmed the judgment in its entirety.

Mallinckrodt Inc., et al v. Masimo Corp., 254 F. Supp.2d 1140, 292 F. Supp.2d 1201, and 293 F. Supp.2d  1102 (C.D. Cal 2003), aff’d in part and rev’d in part, 147 Fed.Appx. 158, 2005 WL 2139867  (Fed. Cir. 2005).  Represented defendant/patentee in 52 week multi-patent jury trial.  Client obtained verdict of willful infringement on all patents and damages of $134.5 million.  The appellate court affirmed a $164.5 million judgment and ordered the entry of a permanent injunction.  The case settled for $330 million plus future royalties.

Glaxo Group Ltd., et al v. Ranbaxy Pharmaceuticals, Inc., 00 5172 (D. N.J. 2004).  Represented defendant in six week patent bench trial. Court entered judgment of non-infringement.

Transonic Systems, Inc. v. Non-Invasive Medical Technologies Corp., 2003 WL 22017533, 2005 WL 1723214 (Fed. Cir.).  Represented patentee on appeals of summary judgment of non-infringement.  Succeeded in obtaining decisions by CAFC vacating summary judgment.

Hewlett-Packard v. Mustek, 99 CV 0351 (S.D. Cal. 2001).  Represented defendant in patent jury trial.  Succeeded in having nearly $3 million jury award vacated.  On appeal, CAFC found no liability.

Fresenius USA Inc.. v. Transonic Systems, Inc., 207 F. Supp.2d 1009 (N.D. Cal. 2001).  Represented defendant patent owner in action for declaration of patent non-infringement and invalidity.  Succeeded in getting action dismissed.

Non-Invasive Medical Technology Corporation v. Transonic Systems, 99 CV 00041 (D. Ut. 2001).  Represented defendant in patent infringement action.  Succeeded in invalidating patent on summary judgment.  Affirmed by CAFC.

Glacier Water Services, Inc. v. PureFill Corp., 97 CV 1934 (S.D. Cal. 1999).  Represented plaintiff in action seeking declaration of patent invalidity and non-infringement.  Obtained summary judgment of patent non-infringement.  Thereafter, case settled favorably with client being able to continue selling accused product.

Chiuminatta Concrete Concepts Inc. v. Cardinal Industries, Inc., 145 F.3d 1303 (Fed. Cir. 1998).  Represented plaintiff in patent infringement action at both the trial and appellate levels.  Obtained summary judgment of patent infringement and patent validity at the district court, and obtained affirmance of this ruling on appeal.  Obtained judgment of $1.5 million.

Polaris Pool Systems v. Letro Products, 94 CV 7747 (C.D. Cal. 1996).  Represented plaintiff in trade dress jury trial.  Obtained infringement verdict against defendant and permanent injunction.

B & S Plastics, Inc. v. Hydro Air Industries, Inc., 37 U.S.P.Q.2d 1660 (C.D. Cal. 1995).  Represented defendant in patent infringement action.  Succeeded in invalidating patent on summary judgment.

Chiuminatta Concrete Concepts, Inc. v. Target Products, 92 CV 1523 (C.D. Cal. 1995).  Represented plaintiff in patent infringement action at both the trial and appellate levels.  Obtained preliminary injunction which was affirmed on appeal.  Settled case on terms very favorable to client, including valuable business arrangement and defendant leaving market of infringing products.

Image Analysis, Inc. v. General Electric, 90 CV 786 (C.D. Cal. 1991).  Represented plaintiff in patent infringement action.  Obtained preliminary injunction.  Successfully settled case with defendant agreeing to entry of permanent injunction.

Admissions/Qualifications

State Bar of California

District of Columbia

U.S. Supreme Court

U.S. Court of Appeals for the Federal Circuit

U.S. District Courts for the Central, Southern and Northern Districts of California

U.S. Court for the District of Columbia

U.S. Court of International Trade

Professional Memberships & Affiliations

Intellectual Property Owners Association

Co-Vice Chair of Damages Committee 2008-09

Los Angeles County Bar Association

Chair, Intellectual Property and Entertainment Law Section 2008-09

International Trademark Association

Los Angeles Intellectual Property Law Association

AIPLA

Federal Bar Association

Los Angeles Intellectual Property American Inn of Court

ABTL

Articles, Speeches & Seminars

Speaker, Various Patent Damages Topics at LSI’s Calculating and Proving IP Damages Seminars, 2005, 2006

Speaker, Patent Damages at California State Bar's Annual IP Institute, 2005

Speaker, Establishing Royalty Damages at PLI’s Patent Litigation Seminar, 2005

Speaker, USC Intellectual Property Institute, 2004

Speaker, Demonstration of a Markman Hearing at PLI’s Patent Litigation Seminar, 2001, 2002, 2003

Speaker, Brand Enforcement Strategies 2002 Trademark Seminar

Participant, Demonstration of a Trademark Preliminary Injunction Hearing, AIPLA Mid-Winter Institute, 1995

Don W. Martens, Karen Vogel Weil, Stephen M. Lobbin, Chapter 5, The Answer and Other Responsive Filings, in Patent Litigation Strategies Handbook (B. Grossman ed. 2000)

Karen Vogel Weil, John P. Giezentanner, Trademark and Trade Dress Law: Legal Protection for Your Products and Services, Orange County Business Journal (Oct. 25, 1993)

Co-Author, Book 3, Unfair Import Competition: Section 337 of the Tariff Act of 1930, As Amended by the Trade Act of 1974, in Law and Practice of United States Regulation of International Trade (C. Johnston, Jr. ed. 1987)