Powell, Michael D.

Michael D. Powell

Partner

  Biography

Before joining the firm in 2006, Mike was an intellectual property litigator in the Silicon Valley offices of Weil Gotshal & Manges and Thoits Love Hershberger & McLean. Mike’s practice focuses on patent infringement and related high-technology and complex commercial litigation. Mike has considerable experience in both state and federal courts. He has represented plaintiffs and defendants in a wide range of legal disciplines including patent infringement, trade secret and idea misappropriation, copyright infringement, breach of fiduciary duty, unfair competition, and breach of license and other contract actions. Mike has litigated cases involving bioinformatics, semiconductors, flash memory devices, computer networks and high-speed data communications systems, circuit-simulation software, digital-music-player software and hardware, data storage systems and software, micro-electromechanical systems, blade server and mainframe computer systems, and other Internet- and computer-related technologies.

  Representative Clients

  • Broadcom Corporation
  • Business Objects (now SAP)
  • Cisco Systems, Inc.
  • Hynix Semiconductor, Inc.
  • Fry’s Electronics
  • Google, Inc.
  • International Business Machines Corporation
  • Kraft Foods
  • MediaTek
  • STMicroelectronics
  • Unilever

  Notable Representations

  • Representing IBM in a patent infringement suit concerning power management in blade server and mainframe computer systems.
  • Represented STMicroelectronics in several patent infringement actions in the ITC, Northern District of California, and Eastern District of Texas concerning microelectromechnical systems.
  • Represented Broadcom, Mediatek, STMicroelectronics and others in an ITC patent infringement investigation concerning memory controllers.
  • Represented IBM in a patent infringement suit concerning blade server computer systems.
  • Represented Google in a trademark infringement and unfair competition action concerning Google’s AdWords.
  • Represented IBM in a patent infringement indemnity suit concerning automated telephony systems.
  • Represented Business Objects Americas and IBM in a patent infringement suit concerning database reporting software.
  • Represented Cisco Systems, Inc. in a patent infringement suit involving customer support systems software.
  • Represented Kraft Foods in a patent infringement suit concerning plastic coffee cans.
  • Represented Fry’s Electronics, Inc. in connection with a complex discovery dispute.
  • Represented MediaTek, Inc. in defending against a third-party indemnity claim arising out of underlying patent infringement case involving digital television chip technology.
  • Advised Unilever concerning California state law claims arising out of a joint development agreement for the development of personal care products.

  Practice Areas

  • Intellectual Property Litigation
  • International Trade Commission Proceedings
  • Life Sciences Litigation
  • Patent Litigation

  Education

  • University of California, Berkeley, Boalt Hall School of Law
    (J.D., 1999)

  • Stanford University Graduate School of Business
    (M.B.A., 1998)

  • University of California, Santa Barbara
    (B.A., Chemistry & English, 1994)

  Admissions

The State Bar of California; United States District Court, Central District of California, Northern District of California, Eastern District of Texas

  Prior Associations

  • Weil Gotshal & Manges LLP:
  • Associate, 2004-2006

  • Thoits Love Hershberger & McLean:
  • Associate, 1999-2004

  • Pitchware, Inc.:
  • Founder and President, 1999-2001

  • MyMovieIdea.com:
  • Co-Founder, Chairman & CFO, 2000-2001

  • Law Clerk and Judicial Extern to the Hon. Arthur S. Weissbrodt:
  • United States Bankruptcy Court, 1995-1996

  Awards

  • U.S. Patent No. 7,043,454, entitled “Method and apparatus for a cryptographically assisted commercial network system designed to facilitate idea submission, purchase and licensing and innovation transfer”
  • U.S. Patent No. 7,672,904, entitled “System and method to facilitate and support electronic communication of ideas”
  • U.S. Patent No. 7,734,552, entitled “Facilitation electronic exchange of proprietary information”
  • U.S. Patent No. 8,364,599, entitled “System and method to facilitate and support electronic communication of ideas”
  • U.S. Patent No. 8,412,637, entitled “System and method to facilitate and support electronic communication of requests for proposal”

Publications and Lectures

  •   “How To Determine Where 'Offer To Sell' Is Made”, Law360 (October 5, 2012).