Jon McMichael

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

Jon
McMichael

Jon
McMichael

Jon
McMichael

Partner
Litigation

Jon represents innovative companies in patent infringement and intellectual property disputes. He partners with clients early—often before litigation begins—to develop enforcement and defense strategies that align with business goals and get ahead of risks before they arise. When litigation is needed, he draws on his track record of success representing plaintiffs and defendants in all phases of disputes and in venues nationwide, finding the best path to a favorable resolution for his clients.

Jon advises clients across diverse technology sectors—from early-stage startups to established market leaders. As a registered patent attorney with a background in bioengineering, he has led teams for leading life sciences and medical device companies; trusted global brands in the consumer goods and beauty spaces; and developers of cutting-edge technology in AI, machine learning, high-performance computing, and semiconductors.

Jon’s strategic, outcome-driven approach has earned him repeat recognitions as one of the “best performing” patent litigators nationwide and a “Rising Star” among intellectual property litigators. Jon stands out for his ability to understand not just his clients’ technology, but also their business. He uses this understanding to give pragmatic advice and craft winning narratives in all phases of disputes, from pre-litigation counseling and negotiations all the way through jury trials and appeals. Jon draws on his 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 actively involved in the local legal and innovation communities, serving as a mentor for junior attorneys and speaking regularly on intellectual property issues.

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  • Successfully 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. In a precedential decision from the Court of Appeals for the Federal Circuit, secured affirmance of non-infringement and denial of en banc review, followed by denial of certiorari at the United States Supreme Court.
  • Represented beauty technology company in patent infringement litigations in district court and before the International Trade Commission. Obtained jury verdict of willful infringement and no invalidity of the asserted patents, as well as an award of lost profits and reasonable royalty damages in the Western District of Texas. Secured landmark ruling concerning the protections of the International Trade Commission for innovative American businesses at the Federal Circuit.
  • Secured venue transfer and early dismissal of all claims against a streaming media company. The plaintiff had asserted patents relating to playlist generation, but the district court agreed that all patents were invalid for claiming patent ineligible subject matter and the Federal Circuit affirmed.
  • Secured early dismissal of patent infringement claims against a manufacturer of teleoperated vehicles, with the district court holding that all asserted claims were invalid before discovery began.
  • Obtained a full defense win for a global LED lighting company in International Trade Commission investigation, where the complainant sought to preclude the importation of LEDs. Secured summary determination that the client did not infringe two asserted patents and, 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 Federal Circuit on what constitutes a “regular and established place of business” for patent venue, followed by summary judgment of non-infringement.
  • Represented consumer goods company in numerous litigations asserting infringement of utility and design patents, as well as trade dress. Obtained a rare summary judgment of infringement and no invalidity in one case, a general exclusion order blocking imports of competitors’ infringing products in an investigation at the International Trade Commission, and favorable settlements and stipulated injunctions in many others.

  • Successfully 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. In a precedential decision from the Court of Appeals for the Federal Circuit, secured affirmance of non-infringement and denial of en banc review, followed by denial of certiorari at the United States Supreme Court.
  • Represented beauty technology company in patent infringement litigations in district court and before the International Trade Commission. Obtained jury verdict of willful infringement and no invalidity of the asserted patents, as well as an award of lost profits and reasonable royalty damages in the Western District of Texas. Secured landmark ruling concerning the protections of the International Trade Commission for innovative American businesses at the Federal Circuit.
  • Secured venue transfer and early dismissal of all claims against a streaming media company. The plaintiff had asserted patents relating to playlist generation, but the district court agreed that all patents were invalid for claiming patent ineligible subject matter and the Federal Circuit affirmed.
  • Secured early dismissal of patent infringement claims against a manufacturer of teleoperated vehicles, with the district court holding that all asserted claims were invalid before discovery began.
  • Obtained a full defense win for a global LED lighting company in International Trade Commission investigation, where the complainant sought to preclude the importation of LEDs. Secured summary determination that the client did not infringe two asserted patents and, 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 Federal Circuit on what constitutes a “regular and established place of business” for patent venue, followed by summary judgment of non-infringement.
  • Represented consumer goods company in numerous litigations asserting infringement of utility and design patents, as well as trade dress. Obtained a rare summary judgment of infringement and no invalidity in one case, a general exclusion order blocking imports of competitors’ infringing products in an investigation at the International Trade Commission, and favorable settlements and stipulated injunctions in many others.

Recognition Recognition Recognition

Recognition Recognition Recognition

Recognition
Super Lawyers

2021 - 2024

Washington Rising Star, Intellectual Property Litigation

Recognition
Super Lawyers

2021 - 2024

Washington Rising Star, Intellectual Property Litigation