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Michael B. Powell

Partner

New York

Michael Powell is a partner in Orrick’s Intellectual Property Group. He focuses on complex patent and trade secret litigation for technology-driven clients across a wide range of industries.

Michael represents clients in patent infringement actions in U.S. district courts nationwide, including the District of Delaware, the Western and Eastern Districts of Texas, and the Northern and Southern Districts of California, as well as in investigations before the U.S. International Trade Commission. He also represents clients in appeals before the U.S. Court of Appeals for the Federal Circuit.

His experience spans technologies including medical devices, cybersecurity, enterprise content management, wireless telecommunications, consumer products, and computer hardware and software. Michael is involved in all stages of litigation, from pre-suit investigations through discovery, dispositive motions, trial, and appeal. He also advises clients on IP licensing and transactions, standards-essential patents, and offensive and defensive patent analyses, including invalidity and non-infringement opinions.

Michael has been recognized in Best Lawyers: Ones to Watch in America for Patent Law and Patent Litigation, selected as a Super Lawyers Rising Star and named a Rising Star by Legal Media Group.

    • Representing Grip Mobility in a trade secret, fraud, and unfair business practices case involving the misappropriation of Grip’s audiovisual-recording solution by a large rideshare company.
    • Representing ZoomEssence in competitor-against-competitor patent infringement and trade secret case about low-heat flavor encapsulation technology.
    • Defending Dentsply Sirona against patent infringement claims involving endodontic products.
    • Defending AngioDynamics through trial against patent infringement claims seeking more than $200 million in damages, resulting in a complete defense verdict on non-infringement, invalidity, patent ineligibility, and no willful infringement, as well as the exclusion—mid-trial—of plaintiffs’ entire damages case. Following an appeal, the Federal Circuit unanimously affirmed invalidity in a per curiam opinion.
    • Represented Hyland UK and Hyland Software in multiple patent infringement actions involving enterprise content management software, including successfully transferring cases from the Western District of Texas to the Central District of California and obtaining recommendations invalidating asserted patents under Section 101.
    • Represented Quantile Technologies in patent and trade secret litigation and related USPTO proceedings, achieving dismissal of district court claims and invalidation of all asserted patent claims.
    • Represented Brother International in multiple patent litigations across the Eastern District of Texas, District of Delaware, and Central District of California involving printer, scanner, and computer products.
    • Represented Qualcomm in multi-patent litigation involving RF receiver and baseband processing technology.
    • Defended AT&T Mobility in patent litigation involving 4G/LTE wireless networks, obtaining summary judgment of non-infringement and invalidation of asserted claims.
    • Represented clients in long-running patent litigation involving disk drive technology, including multiple Federal Circuit appeals addressing willful infringement standards.

    * Includes experience prior to joining Orrick