Wesley E. Overson

Partner | San Francisco

woverson@mofo.com | (415) 268-6096

woverson@mofo.com
(415) 268-6096

Every day, I come to work thinking about how to help my clients win.

Wes has a trial-oriented practice that focuses on intellectual property and other commercial litigation involving complex issues. His clients span many technological fields, and include suppliers of robotic surgical devices, pharmaceutical and biotechnology organizations, and global positioning system manufacturers, for which he has crafted winning strategies for both the courtroom and arbitration proceedings.

In a 2018 jury trial, Wes and a MoFo team represented the University of California regarding plant patent rights. The team obtained a jury verdict in our client’s favor on conversion and patent infringement.

In a 2019 arbitration, Wes led a MoFo team through an arbitration involving a long term supply contract.  The client won on the merits, with an eight-figure impact to the bottom line, and also received a fee award.

Wes and a MoFo team achieved a complete defense victory for Bayer in the landmark Therasense case. Bayer won at trial on inequitable conduct. This “rare instance” of winning an inequitable-conduct defense resulted in the case being listed in the San Francisco Daily Journal’s Top Defense Wins. The Federal Circuit remanded the inequitable-conduct case after establishing new, higher standards of proof. On remand, Bayer won again in 2012.

In December 2012, in Enriquez v. Fresno, Wes and a MoFo team obtained a jury verdict on behalf of the family of a man shot and killed by the police. The family later received a seven-figure settlement. For his work on the case, Wes received a 2013 California Lawyer Attorneys of the Year (CLAY) Award.

Wes was the head of the Litigation Department in Morrison & Foerster’s San Francisco office for over seven years, a member of the executive committee of the Litigation Section of the Bar Association of San Francisco, and the chair of the bar’s civility committee. He sits on the advisory board of the Practical Law Company.

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Experience

  • Won jury trial for the University of California in dispute regarding strawberry breeding and plant patent rights. Obtained jury verdict in client's favor of conversion and patent infringement by defendants.

  • Won a 2019 arbitration involving the meaning of a long term supply contract. The parties disputed the impact of third parties’ actions on pricing terms under the contract. Wes’s client won on the merits, with an eight-figure impact to the bottom line, and also received a fee award.

  • Achieved a nine-figure settlement for a biotech company asserting its patents on a diagnostic test for HIV. The case settled after closing arguments in the arbitration.

  • Defended client’s termination of a licensing agreement in a dispute in the biotech space. After a full hearing on both patent and contract issues, the ICC panel found Wes’s client to be the prevailing party in the matter.

  • Won an arbitration involving claims arising out of the purchase of a technology company. Our client had failed to pay the full purchase price. We counterclaimed that the IP rights of the company had been misrepresented. After the hearing, the arbitrator granted all of our clients’ claims, including an award of attorneys’ fees.

  • Defended a trade secret and licensing claim in which the claimant was seeking more than $30 million. Our client counterclaimed and ultimately obtained a net damages award in its favor, along with significant injunctive relief. The counterclaim strategy led to a settlement, netting our client more than $50 million.

  • Scored a complete victory for a multinational pharmaceutical corporation accused of infringing several of its competitor’s patents. In addition to the direct product competition at the heart of the dispute, the potential damages were well into the nine-figure range. After a two-week hearing, our client prevailed on every patent.

  • (Northern District of California). Obtained the first preliminary injunction under the Americans with Disabilities Act ordering a preschool to train its staff to accommodate a boy with asthma.

  • (Santa Clara Superior Court). Successfully defended a medical laser company facing IP-related allegations in a three-month jury trial in Silicon Valley.

  • (Northern District of California). Won complete victory for Bayer in patent case. Abbott filed suit in the Northern District of California against Bayer and Roche asserting infringement of two patents. After a six-day bench trial, in a 54-page opinion, the court found in Bayer’s favor on all claims, finding every asserted claim to be obvious and the patent to be unenforceable. The Federal Circuit affirmed that judgment in all respects, but later issued an en banc decision on the standard for finding inequitable conduct. On remand in 2012, the district court found inequitable conduct again under the new standard and also awarded Bayer attorney’s fees.

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