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Eric L. Wesenberg



Eric L. Wesenberg, a partner with the firm's Patent Litigation group, focuses his practice primarily on complex patent disputes, covering a broad spectrum of technologies. He has also represented clients in trademark, trade secret, copyright and unfair competition disputes. He practices primarily before federal courts and at both the trial and appellate levels. He has extensive experience arguing before the Federal Circuit Court of Appeals and has appeared in U.S. International Trade Commission (ITC) proceedings relating to Section 337 claims, patent disputes and anti-trust challenges.  

Eric has participated in more than thirty CAFC appeals relating to patents, arguing more than a third of those. Among these appeals, he has prevailed in arguing as an appellee, appellant and mandamus petitioner. Eric also argued to the CAFC en banc court in one of the most consequential patent/antitrust cases of 2010. Issues he has argued on appeal to the CAFC include: claim construction, anti-trust violations, patent misuse, patent invalidity, res judicata, statutory construction underlying mandamus petition, patent pooling standards, preliminary injunctions and a variety of jurisdictional issues. He is a member of a variety of Federal Circuit and appellate bar associations and has spoken on a variety of appeals issues.

Eric has been a guest lecturer at Santa Clara University Law School on intellectual property. He has lectured to numerous foreign corporations and trade groups, primarily in Asia, regarding U.S. patent law and litigation including presentations regarding strategic use of intellectual property, patents and the ITC, monetization of intellectual property, and defensive patent portfolios. He was featured in the April 2007 edition of The National Law Journal, in the “Practice Leader’s Roundtable” discussion series, speaking on China Law. 

Professional Leadership

  • State Bar of California
  • American Bar Association, Intellectual Property Law, Intellectual Property Law Committee, Vice-Chair
  • Palo Alto Bar Association
  • Illinois State Bar Association

Related Employment

  • Orrick, Silicon Valley, CA; Taipei, Taiwan, Partner


  • The George Washington University Law School, J.D., cum laude, 1987
  • The American University in Cairo, M.A., with honors, 1984
  • University of California, Santa Barbara, B.A., magna cum laude, 1982

Bar Admissions

  • California

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Seventh Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of California