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Gary S. Weinstein

Partner

Overview

Gary Weinstein is an IP business attorney with decades of experience negotiating technology and licensing agreements across many industries. Gary’s work includes assessing existing IP agreements in connection with disputes, and negotiating licenses and settlement agreements for resolving IP and tech services disputes. Over the past dozen years, Gary has counseled clients on how to best protect the value of their Big Data for artificial intelligence and machine learning applications. 

IP Transactions

Gary focuses on technology and licensing transactions. He counsels clients on structuring, drafting, negotiating and reviewing technology and intellectual property agreements — both as licensors and licensees and in joint development agreements, technology transfer, outsourcing, strategic alliances and joint ventures. He works hand-in-hand with business people in devising negotiation strategies, and often serves as lead negotiator in complex patent, technology, trademark and outsourcing agreements. Gary’s has deep capabilities and experience in MedTech, pharma, biotech and other life sciences sectors, as well as technology deals in the FinTech space.

Gary handles the information technology and IP-related aspects of domestic and international M&A and investment deals of all sizes, including deals touching Europe, Brazil, Canada, China, India, Israel, Japan, Australia and other jurisdictions.

Gary advises both established and emerging companies. He has negotiated agreements for major technology and intellectual property holders and solution providers on behalf of — and adverse to — some of the largest corporations in the world, including numerous Fortune 100 and 500 technology, financial services, pharmaceutical, and food and beverage companies, as well as stock exchanges and multiple R1-ranked research universities.

Artificial Intelligence, Machine Learning and Big Data

Gary helps clients capitalize on the value of their large data sets. Leveraging years of experience in technology transactions, he helps clients protect and monetize their data, negotiate deals to facilitate data sharing and processing, and fully realize the strategic value of large data sets. Gary helps clients navigate the quickly evolving regulatory landscape surrounding Big Data, providing guidance on applicable laws, regulations, industry practices and technology standards related to client data and the use of artificial intelligence (AI) and machine learning (ML). 

IP Litigation Support

When existing licenses, purchase agreements, service agreements and other contracts are key issues in an IP dispute, Faegre Drinker litigators call on Gary to dissect and analyze the underlying agreements. Through his decades of experience drafting and negotiating IP agreements, he is able to spot and bring a sophisticated critical understanding of contract language and issues to bear when developing strategies for the case. Gary also takes the lead in drafting and negotiating settlement agreements to IP disputes.

In addition, Gary provides technical support for patent litigation, particularly in computer software and internet technologies. Leveraging skills developed over years of patent prosecution work, Gary collaborates with the firm’s litigation team on claim construction issues, learning the relevant intricacies of accused systems and methods, and prior art and invalidity analyses.  

Technical Experience

Gary's nonlegal experience in the software and technology fields allows him to function as a liaison between business people, technical people and the law. Before attending law school, Gary worked for Systems Research & Applications Corporation (now SRA International, Inc.) as a software engineer and consultant in applied mathematics and systems analysis.

Personal Interests

Gary enjoys going on long (and flat!) bike rides in the summer and cross-country skiing in the winter.

Insights & Events

Other Perspectives
  • How Did We End Up in Texas?: Atlantic Says Forum-Selection Clause is a Waiver
    Minnesota Lawyer, March 2014

Leadership & Community

Pro Bono

  • Gary treats pro bono as a core part of his legal career. He is often on the Faegre Drinker pro bono honor roll, an award given to firm attorneys who contribute at least 50 hours in a year to pro bono representation. 

Civic Activities

  • Twin Cities R!SE board of directors (2017-2023; including several terms chairing the governance committee and serving as secretary). After stepping down from the board at the end of 2023, Gary went back to providing pro bono legal work for Twin Cities R!SE.

Honors

  • Corporate Report  — Executive Who's A Standout Before Age 40
  • Guide to the World's Leading Technology, Media & Telecommunications Lawyers (3rd edition) — Recognized as a Legal Expert
  • Faegre Drinker — Pro Bono Honor Roll, 2020; 2023
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2015-16, 2018
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.