Jonathan T. McMichael
Partner
Litigation
Jonathan T.
McMichael
Jonathan T.
McMichael
Partner
Litigation
Jon is an intellectual property litigator who represents and counsels innovative companies in patent infringement and other disputes. Jon’s practice spans technology 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 streaming and networking-related fields. Jon’s practice includes all phases of disputes, from pre-litigation counseling on IP portfolios through 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’s track record of success has earned him recognition as one of the “best performing” patent litigators nationwide and a “Rising Star” among intellectual property litigators. Jon has represented clients 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. 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.
- 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. Secured affirmance of non-infringement and denial of en banc review on appeal at the Court of Appeals for the Federal Circuit.
- Represented beauty technology company in patent infringement litigations in district court and before the International Trade Commission. At trial, obtained jury verdict of willful infringement and no invalidity of the asserted patents, as well as lost profits and reasonable royalty damages.
- 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 manufacturer of teleoperated vehicles against patent infringement claims relating to remote streaming and control. Secured finding that the asserted claims were invalid for claiming patent ineligible subject matter.
- Represented LED company in International Trade Commission investigation where the complainant sought to preclude the importation of LEDs. Obtained summary determination of no infringement and no domestic industry for two 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 consumer products company in utility patent, design patent, and trade dress litigations in district court and the International Trade Commission. Obtained favorable settlements and general exclusion order blocking imports of competitors’ infringing products.
- 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. Secured affirmance of non-infringement and denial of en banc review on appeal at the Court of Appeals for the Federal Circuit.
- Represented beauty technology company in patent infringement litigations in district court and before the International Trade Commission. At trial, obtained jury verdict of willful infringement and no invalidity of the asserted patents, as well as lost profits and reasonable royalty damages.
- 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 manufacturer of teleoperated vehicles against patent infringement claims relating to remote streaming and control. Secured finding that the asserted claims were invalid for claiming patent ineligible subject matter.
- Represented LED company in International Trade Commission investigation where the complainant sought to preclude the importation of LEDs. Obtained summary determination of no infringement and no domestic industry for two 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 consumer products company in utility patent, design patent, and trade dress litigations in district court and the International Trade Commission. Obtained favorable settlements and general exclusion order blocking imports of competitors’ infringing products.
Recognition Recognition Recognition
Recognition Recognition Recognition
Super Lawyers
2021 - 2024
Washington Rising Star, Intellectual Property Litigation
Super Lawyers
2021 - 2024
Washington Rising Star, Intellectual Property Litigation