Roy Wepner writes legal briefs - lots of them. Roy is one of the firm’s “go to” litigators when briefs are needed at trial and appellate courts in patent and trademark cases.
In addition to writing briefs for cases in which he has been involved since the beginning, he also serves as a “designated hitter” in cases requiring a simple and clear explanation of a complex topic. In that regard, the firm values the fresh perspective and often new approaches he can bring to difficult matters.
As one of the firm’s premier litigators, Roy also does pretty much everything else associated with IP litigation. Although Roy has Bachelor’s and Master’s degrees in mechanical engineering, he has tackled patent cases in areas ranging from basic laser technology to pharmaceuticals.
Roy’s experience in appellate practice is particularly extensive, having briefed and/or argued over 40 appeals at the U.S. Court of Appeals for the Federal Circuit alone since the court opened its doors in 1982. Roy’s successes as lead counsel include appellate victories in cases involving patents asserted against automatic teller machines, fragmentation catheters, and cellular window shades. Roy has been described as an “admired appellate specialist” in The World’s Leading Patent Practitioners by International Asset Management, which - in 2016 - said that Roy’s “appellate know‑how sets him apart from the pack and gives the firm an edge in tough disputes that are likely to go the distance.”
The Rest Of The Story
Roy’s writings have extended beyond his day‑to‑day practice. He has published four law review articles on IP topics. The first, which he wrote as a law student in 1974, presaged the creation of the Federal Circuit in 1982. The second, published in 1982, is cited in McCarthy on Trademarks and Unfair Competition, and the third (published in 1988) was cited in an en banc opinion of the Federal Circuit. The fourth, published in 2004, urged an end to the “presumption of irreparable harm” in patent‑based preliminary injunction motions, two years before the Supreme Court curtailed injunctions in patent cases in the eBay decision. He has also published over fifteen articles on IP law and practice in the New Jersey Law Journal.
Roy has taught patent law at Rutgers Law School‑Newark and trademark law at Seton Hall Law School. He also has served as an expert witness and has enjoyed success as a mediator.