Jeffrey Weinberger

Jeffrey I. Weinberger is a partner in the Los Angeles firm of Munger, Tolles & Olson. Mr. Weinberger’s practice consists principally of antitrust and intellectual property litigation in trial and appellate courts. He has been lead counsel in a number of landmark private and government antitrust cases and patent cases.

He has extensive court and jury trial experience, having tried antitrust, patent and other complex business cases for both corporate defendants and corporate plaintiffs in state and federal courts. In addition, he has argued numerous appeals before the Ninth Circuit Court of Appeals, the Court of Appeals for the Federal Circuit, and other federal appellate courts.

Most recently, Mr. Weinberger argued before the U.S. Supreme Court on behalf of respondents in a closely watched case at the intersection of antitrust and patent law regarding pharmaceutical patent settlements.

Mr. Weinberger is a past Chair of the Section of Antitrust and Unfair Competition Law, State Bar of California, and a past President of the Association of Business Trial Lawyers of Southern California. He has served as Program Chair for the State Bar Antitrust and Unfair Competition Section’s annual Golden State Antitrust Institute, and the Association of Business Trial Lawyer’s Annual Seminar.

He has lectured on numerous panels, including CEB’s annual Federal Practice Institute, the ABTL’s Judicial College, the Golden State Institute Antitrust Seminar, the Conference Board Annual Antitrust Seminar, and the California State Court Appellate Judge’s Conference, and the USC Intellectual Property Law Institute.

Mr. Weinberger has been named in Best Lawyers of America, and as a Southern California Super Lawyer in the practice area of antitrust litigation, for a number of years. In 2016, he was recognized by the National Law Journal as an “Antitrust Trailblazer,” Benchmark Litigation as a Litigation Star in California in the areas of antitrust and intellectual property, and LMG Life Sciences as a Life Science Star in antitrust.

LMG Life Sciences previously recognized Mr. Weinberger as a Life Science Star in litigation involving drug formulation and generic drugs. In 2011, he was recognized as a BTI Client Service All Star for outstanding client service, outstanding results and legal skills. Mr. Weinberger has been ranked repeatedly as a leading antitrust litigator by Chambers USA.

Illustrative Matters :

• Antitrust
  • Represented AbbVie, Inc. in FTC v. Actavis, in which U.S. Supreme Court applied a rule of reason framework for so called reverse payment pharmaceutical patent settlements, rejecting the FTC’s proposed rule of presumptive illegality.
  • Represented Abbott Laboratories in government investigation and multi-district civil class action litigation alleging that settlement of patent litigation violated state and federal antitrust laws.
  • Obtained summary judgment, affirmed by Fourth Circuit, for Abbott Laboratories in action by competitor alleging that exclusive supply agreement violated Sherman Act.
  • Represented Salmon Brothers in government investigations and class actions alleging industry-wide NASDAQ stock price fixing conspiracy. Case settled.
• Litigation
  • Obtained judgment after trial of patent infringement and validity in favor of Takeda Pharmaceuticals against three generic companies seeking to market a generic version of its drug Dexilant®.
  • Obtained judgment of dismissal of patent filed by Bayer Corp. in District of Massachusetts alleging that Abbott’s largest product, Humira®, infringed its patents.
  • Defended Abbott Laboratories in patent litigation against Novartis in the District of Delaware, involving Abbott’s cyclosporin pharmaceutical product, Gengraf. Obtained judgment of non infringement after jury trial, which was affirmed by the Federal Circuit.
  • Obtained award for Abbott Laboratories in arbitration of licensing dispute concerning calculation of royalties for HIV diagnostic tests. Abbott prevailed against licensor on all issues after hearing before three arbitration panels of the International Court of Arbitration in Paris, France.

Education :

• Columbia Law School (J.D., magna cum laude, 1970) Harlan Fiske Stone Scholar, 1968-1969; James Kent Scholar, 1969-1970; articles editor, Columbia Law Review, 1969-1970
• City College of New York (B.A., 1967)

Bar Admissions :

• California
• New York