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.

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

Wes and a MoFo team achieved a complete defense victory for Bayer in the Therasense case. Bayer won at trial on invalidity and 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 of 2008. The Federal Circuit affirmed the invalidity ruling, but then remanded the inequitable-conduct case after establishing new, higher standards of proof. On remand in 2012, Bayer won again in the district court under the higher standard for inequitable conduct.

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

  • (California Superior Court and Northern District of California). Trial counsel 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.

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

  • Represented a biotech company in an arbitration asserting its patent on a diagnostic test for HIV. The case settled after closing arguments, with our client receiving payments of more than $100 million.

  • Won an arbitration involving breach of contract and fraud claims arising out of the purchase of a technology company. Our client was sued for failing to pay the full purchase price for a company. We counterclaimed that the intellectual property rights of the company had been misrepresented prior to the sale. After an eight-day arbitration, the arbitrator denied the opposing parties’ claims and granted all of our clients’ claims, including a grant of attorneys’ fees, resulting in a substantial judgment for our client.

  • 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 successful 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.

  • (Northern District of California). In August 2005, plaintiff Abbott Labs filed suit in the Northern District of California against Bayer and Roche, two of the leading manufacturers of blood glucose meters and strips, asserting infringement of two of Abbott’s patents. After a six-day bench trial in June 2008, in a 54-page opinion, the court found in Bayer’s favor on all claims. The court invalidated every asserted claim as obvious, and also found the patent unenforceable. In January 2010, 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.

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