Michael is registered to practice before the United States Patent and Trademark Office (USPTO), and has over 30 years of experience in the areas of patent prosecution, trademark prosecution, and intellectual property litigation. Michael has prosecuted over 100 patents, has prosecuted over 300 trademarks, and has served as counsel of record in over 70 cases before federal district courts and courts of appeal in matters involving intellectual property law. Michael’s experience also includes handling domain name disputes under the auspices of the International Corporation for Assigned Names and Numbers (ICANN), as well as administrative proceedings before the USPTO’s Patent Trial and Appeal Board and Trademark Trial and Appeal Board.
Upon receiving a degree in electrical engineering from the University of Virginia, Michael was commissioned as an officer in the U. S. Marine Corps and served as a fighter pilot during the Vietnam conflict. Upon leaving the service as a Captain in 1972, Michael received his juris doctorate degree, cum laude, from Seattle University School of Law. Following ten years of private practice as a commercial litigator, Michael became a registered patent attorney with the USPTO. Combining his aviation experience with his intellectual property background, Michael joined the Patent Law Department of the Boeing Commercial Airplane Company in Seattle, Washington. In 1987, Michael reentered private practice, specializing in intellectual property.
In addition to arguing intellectual property matters before the U.S. Federal Circuit Court of Appeals and the Eleventh Circuit Court of Appeals, Michael is also Board Certified by the Florida Bar in Civil Trial. As Of Counsel for The Brickell IP Group, Michael offers the firm’s clients invaluable experience with transactional matters and litigation.
UNIVERSITY OF LONDON, THE LONDON SCHOOL OF ECONOMICS AND POLITICAL SCIENCE
Master of Laws, International Law
SEATTLE UNIVERSITY SCHOOL OF LAW
Juris Doctor, Cum Laude
UNIVERSITY OF VIRGINIA
- U.S. Patent and Trademark Office
- Federal Circuit Court of Appeals
- Eleventh Circuit Court of Appeals
- Third Circuit Court of Appeals
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Western District of Washington
- Florida Supreme Court
Honors and Awards
- Florida Super Lawyers, 2006 to Present
- Best Lawyers in America, 2009 to Present
- AV Preeminent Rated, Martindale Hubbell, 1992 to Present
External Publications and Speaking Engagements
- "A Well-Worded Patent," the Daily Business Review, October 10, 2007
- The Internet Social Networking Conference, "Patents in Online Dating and Social Networking: Record Legal Suits in 2007," Miami Beach, 2008
Representative Cases / Matters
Latimer v. Roaring Toyz, Inc., et al. , Case No. 8:06-cv-1921, (M.D. Fla.); 2010 WL 3747148 (M.D. Fla. Sept. 21, 2010)(on appeal): Represented Kawasaki Motors Corp., U.S.A. and other defendants in suit for copyright infringement for using promotional photographs in marketing activities. District Court ruled that defendants had a license to use the photographs. Case was appealed and remanded. On remand, District Court granted summary judgment for defendants and case was settled pending a second appeal.
Mary Queen of the Third Millennium v. The Foundation for a Christian Civilization, Opposition No. 91/157,073, Trademark Trial and Appeal Board: Represented Mary Queen of the Third Millennium (the U.S. legal representative of an international religious order) in trademark opposition to prevent registration of order’s ceremonial garment (a religious habit) as a trademark for breakaway group attempting to preclude order’s members from using the garment. Ordered that religious garment is not registrable as a trademark for breakaway group. Decision was affirmed on appeal.
Jeff Lynne, et al. v. John Regna, et al., Case No. 2:00-cv-4403 (C.D. Cal. 2000): Represented former members of Electric Light Orchestra in trademark infringement suit brought by Jeff Lynne, original founder of the band. Court determined that Lynne’s trademark had not been infringed by former members of band.
Novo Industries, LP v. Micromolds Corporation, et al., 355 F.3d 1348 (Fed. Cir. 2003): Represented defendant accused of infringing plaintiff’s patent. In the lower court, jury found liability based on judge’s erroneous instruction. Decision was reversed on appeal and patent was held to be invalid.
Jaswant S. Pannu and Jaswant S. Pannu, M.D., P.a. v Iolab Corporation, 155 F.3d 1344 (Fed. Cir. 1998): Won jury verdict in favor of client against Iolab Corp., a subsidiary of Johnson & Johnson, in a case alleging infringement of client’s patent.
Bageland, Inc. v. Rachael, Inc., Case No. 0:90-cv-6197 (S.D. Fla. 1990): Represented client who was a franchisee of Bageland, and was authorized to operate a restaurant under that name. After Bageland permitted another restaurant to operate within the client’s exclusive territory, client terminated the franchise and changed the name of its restaurant. The trial court found the franchise to have been validly terminated. On the plaintiff’s appeal to the Eleventh Circuit Court of Appeals, the decision was upheld in all respects.
Triarch Inc. v. Trans Globe Lighting, Inc., Case No. 1:91-cv-1337 (S.D. Fla. 1991): Represented Defendant accused of infringement of the plaintiff’s design patent. The trial court misinterpreted the patent and found infringement. On appeal to the Court of Appeals for the Federal Circuit, the trial court judgment was reversed, the Court of Appeals finding that the judge had not understood the patent, and holding that patent was not infringed.
Ron Matusalem & Matusa of Florida, Inc. v. Ron Matusalem, Inc., 872 F.2d 1547 (11th Cir. 1989): Represented the plaintiff in a trademark infringement action based upon the defendant’s failure to adhere to quality controls set forth in the trademark license. The defendant was required to adhere to the quality control standards dictated by licensor. Trial court decision upheld on appeal.
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We at The Brickell IP Group know that finding the right attorney to represent you is a choice not to be taken lightly. That’s why we offer free consultations to walk you through your needs, the scope of your goals, and your budget.