Jonathan T. McMichael

206-389-4583
jmcmichael@fenwick.com
Associate
Litigation

Jonathan T.
McMichael

Jonathan T.
McMichael

Jonathan T.
McMichael

Associate
Litigation

Jon is an intellectual property litigator who represents and counsels innovative companies in patent infringement and other business disputes. Jon’s practice spans technological fields. As a registered patent attorney with a background in bioengineering, he has successfully navigated disputes involving leading life sciences and medical device companies, cutting-edge high-performance computing systems, consumer goods and beauty technologies, and networking and Internet-related fields. Jon’s practice includes all phases of disputes, from pre-litigation counseling on IP portfolios through discovery, summary judgment, trial, and appeal. Key to every engagement is Jon’s ability to develop strategies to achieve clients’ goals—for companies defending against litigation and companies seeking to protect their innovations alike.

Jon has developed a track record of success in venues throughout the country, including in federal district courts, the International Trade Commission, the Patent Trial and Appeal Board, and the Court of Appeals for the Federal Circuit. In all venues, Jon draws on his early experience as a judicial clerk for Chief Judge Leonard Davis in the U.S. District Court for the Eastern District of Texas, one of the busiest patent dockets in the country.

Jon is regularly recognized as a “Rising Star” among intellectual property litigators, and Jon and a Fenwick team were recently named among the top litigators of the week by Law.com for their work securing a rare preliminary injunction to protect a client’s brand from trademark infringement by a competitor.

Jon is actively involved in the local legal community, including serving as a mentor for young attorneys and law students. He also presents on intellectual property issues at CLE and other events.

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  • 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.
  • Represented streaming media company against patent infringement claims relating to playlist generation. After obtaining venue transfer, secured finding that all patents were invalid for claiming patent ineligible subject matter.
  • Represented domestic LED company in investigation before the International Trade Commission where the complainant sought to preclude the importation of LEDs. Obtained summary determination of no infringement and no domestic industry for two of the three asserted patents. 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 Court of Appeals for the Federal Circuit on what constitutes a “regular and established place of business” for patent venue, followed by summary judgment of non-infringement.
  • Represented beauty technology company in investigation before the International Trade Commission and obtained findings of infringement of utility and design patents.
  • Represented streaming media company against patent infringement claims relating to data synchronization. Obtained dismissal at the pleading stage based on a finding that the patents were invalid for claiming patent ineligible subject matter.
  • Represented consumer products company in investigation before the International Trade Commission asserting five utility and design patents and one trademark against several foreign entities. Obtained general exclusion order blocking imports of infringing mobile device mounts and accessories.
  • Represented athletic shoe and apparel company against patent infringement claims relating to insole cushioning technology. Obtained venue transfer and prepared inter partes review petition leading to invalidity of the asserted claims.

  • 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.
  • Represented streaming media company against patent infringement claims relating to playlist generation. After obtaining venue transfer, secured finding that all patents were invalid for claiming patent ineligible subject matter.
  • Represented domestic LED company in investigation before the International Trade Commission where the complainant sought to preclude the importation of LEDs. Obtained summary determination of no infringement and no domestic industry for two of the three asserted patents. 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 Court of Appeals for the Federal Circuit on what constitutes a “regular and established place of business” for patent venue, followed by summary judgment of non-infringement.
  • Represented beauty technology company in investigation before the International Trade Commission and obtained findings of infringement of utility and design patents.
  • Represented streaming media company against patent infringement claims relating to data synchronization. Obtained dismissal at the pleading stage based on a finding that the patents were invalid for claiming patent ineligible subject matter.
  • Represented consumer products company in investigation before the International Trade Commission asserting five utility and design patents and one trademark against several foreign entities. Obtained general exclusion order blocking imports of infringing mobile device mounts and accessories.
  • Represented athletic shoe and apparel company against patent infringement claims relating to insole cushioning technology. Obtained venue transfer and prepared inter partes review petition leading to invalidity of the asserted claims.

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
Super Lawyers

2021 - 2023

Washington Rising Star, Intellectual Property Litigation

Recognition
Super Lawyers

2021 - 2023

Washington Rising Star, Intellectual Property Litigation

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