STEVEN P. WEIHROUCH
Member

Steven P. Weihrouch joined Rothwell, Figg after serving nearly 20 years with an internationally known IP firm. At his previous firm, he served on the Management Committee, and co-chaired the firm’s Litigation Practice group and the Patent Prosecution Practice group. He also headed their Tokyo Japan Office as a Gaikokuho Jimu Bengoshi for more than two years.

Mr. Weihrouch practices patent litigation in U.S. courts and works closely with Japanese, European and domestic clients, advising them and offering opinions on all aspects of U.S. patent protection and enforcement including patent validity and infringement issues, redesign, patent prosecution, intellectual property (IP) portfolio management, licensing, pre-litigation, post-litigation, litigation avoidance, settlement strategies, International Trade Commission (ITC) practice, and patent reexamination.

A skilled litigator, Mr. Weihrouch successfully argued on behalf of the defendants in AK Steel v. Sollac in the U.S. District Court for the Southern District of Ohio, prevailing on all six patents in the suit. He then successfully argued the appeal before the Court of Appeals for the Federal Circuit, with the Federal Circuit affirming the District Court decision. This case is cited in the United States Patent and Trademark Office’s (USPTO) Manual of Patent Examining Procedure, and in the Federal Circuit Bar Association’s 2009 Model Patent Jury Instructions on enablement and claim construction.

Mr. Weihrouch was also lead counsel for Toyota Motor Corp. in Toyota Motor Corp. v. Hyundai Motor Co., and Ryan et al. v. Toyota Motor Corp.; for Aisin Seiki in BorgWarner v. Aisin Seiki and Aisin Seiki v. BorgWarner; and for Versamed Medical Systems in Pulmonetic v. VersaMed and Viasys v. VersaMed. Among other cases he has handled are Osram v. Citizen, where he represented Citizen Electric Co., and Toshiba v. Lexar, where he represented Toshiba Corporation.

A former Patent Examiner with the USPTO, Mr. Weihrouch has extensive experience in the preparation and prosecution of patent applications in a wide range of technologies including automotive, semiconductors, medical instruments, manufacturing, machines, automated assembly lines, and metallurgy. He takes a hands-on approach with clients, visiting them regularly to enhance communication and familiarize himself with their businesses, innovations and goals in order to gain insight to help them develop strategies to protect their intellectual property and optimize its value.

Before attending law school, Mr. Weihrouch gained experience in an engine testing and research laboratory. He has lectured widely concerning patent litigation, strategies, procedure and the U.S. legal system in many different venues including the Japan Intellectual Property Association, Tokyo and Nagoya chapters; the European-American Chamber of Commerce in Paris; the Association of In-House French Patent Professionals; the Federation of Belgium Companies in Brussels; and the Advanced Patent Law Institute in Alexandria, Virginia. He also has taught as a Visiting Professor at the George Mason University School of Law.

Representative Matters

Successfully represented French steelmakers Sollac and Ugine (then subsidiaries of Usinor, now Arcelor) against AK Steel’s accusation that Sollac infringed six patents relating to aluminum coated stainless steel, which is highly desirable and profitable for automotive applications due to its appearance and corrosion resistance. Despite the daunting task of defending against this six-patent attack in Ohio, AK’s home state and the heart of America’s steel industry, Sollac defeated AK with respect to all six patents after district court and appellate court proceedings. Due to the strength of this victory, Sollac then received a monetary settlement from patentee AK to resolve a related antitrust countersuit. AK Steel v. Sollac.

Represented defendant Toyota in patent infringement action involving RFID technology. Obtained dismissal of lawsuit. Ryan v. Toyota Motor Corp., (S.D. Iowa)

Represented plaintiff Toyota in patent infringement action involving automatic transmissions. Toyota Motor Corp., v. Hyundai Motor Co., (C.D. Cal.). Settled on favorable terms.

Represented plaintiff Toshiba in a patent infringement acting involving NAND flash memory. Toshiba v. Lexar Media, (N.D. Cal.). Settled on favorable terms.

Represented Versamed against Viasys. After uncovering and disclosing to Viasys evidence of inequitable conduct committed by the inventor of the patent at issue, Viasys withdrew its lawsuit as discovery was just beginning. Viasys Respiratory Care, Inc., et al. v. Versamed Medical System.

Accolades

• Top Patent Prosecutor, Patent Research Review (2011)
• Marindatel-Hubbell® AV® Preeminent™ 5.0 out of 5
• The Legal 500 U.S. 2010, recognized as a leading attorney in Mechanical patent Prosecution

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