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Jon McMichael

Partner
Litigation

Jon is an experienced intellectual property litigator with a track record of success for plaintiffs and defendants in all phases of disputes and in venues across the country. Jon’s work has shaped the law, producing landmark Federal Circuit decisions on key issues that courts and practitioners continue to follow. He is a nationally recognized patent litigators, resolving disputes for his clients early and, when needed, at trial and on appeal.

Jon represents clients across diverse technology sectors—from early-stage startups to established market leaders. As a registered patent attorney with a background in bioengineering, he has led teams for medical device and life sciences companies; companies at the frontier of AI, high-performance computing, and semiconductors; networking and computer software; and consumer brands protecting design and utility patent portfolios. He also represents clients in trademark, copyright, and other commercial disputes.

  • Successfully represented medical device manufacturer against claims of patent infringement, trademark infringement, false advertising, and unfair competition. Following dismissal of patent infringement claims under the safe harbor provisions of 35 U.S.C. § 271(e)(1), secured favorable settlement of remaining claims on the eve of trial. In a precedential decision from the Court of Appeals for the Federal Circuit, secured affirmance of non-infringement and denial of en banc review, followed by denial of certiorari at the United States Supreme Court.
  • Represented beauty technology company in patent infringement litigations in district court and before the International Trade Commission. Obtained jury verdict of willful infringement and no invalidity of the asserted patents, as well as an award of lost profits and reasonable royalty damages in the Western District of Texas. Secured landmark ruling concerning the protections of the International Trade Commission for innovative American businesses at the Federal Circuit.
  • Secured venue transfer and early dismissal of all claims against a streaming media company. The plaintiff had asserted patents relating to playlist generation, but the district court agreed that all patents were invalid for claiming patent ineligible subject matter and the Federal Circuit affirmed.
  • Secured early dismissal of patent infringement claims against a manufacturer of teleoperated vehicles, with the district court holding that all asserted claims were invalid before discovery began.
  • Obtained a full defense win for a global LED lighting company in International Trade Commission investigation, where the complainant sought to preclude the importation of LEDs. Secured summary determination that the client did not infringe two asserted patents and, at trial, obtained finding of no infringement, no domestic industry, and patent invalidity for the remaining patent.
  • Represented manufacturer of high-performance computing systems in multi-patent litigation brought by competitor. Obtained venue transfer through a landmark decision from the Federal Circuit on what constitutes a “regular and established place of business” for patent venue, followed by summary judgment of non-infringement.
  • Represented consumer goods company in numerous litigations asserting infringement of utility and design patents, as well as trade dress. Obtained a rare summary judgment of infringement and no invalidity in one case, a general exclusion order blocking imports of competitors’ infringing products in an investigation at the International Trade Commission, and favorable settlements and stipulated injunctions in many others.
I work with my clients to understand their business and their technology, then I find the legal strategy that serves both.”
— Jon McMichael

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