Michael D. Gannon

Partner

Chicago
T +1.312.416.6294
F +1.312.416.6201

Overview

Mike Gannon is a highly successful trial attorney who has tried patent cases in venues all over the United States. Clients look to him early in the case to determine what the key issues are and how to win. With more than 30 years of experience litigating patent cases, including “bet the company” cases, Mike understands that it is a tremendous honor and privilege to work on his clients' most important intellectual property matters. As such, he treats each litigation entrusted to him as if it was his company, his employees and his money at stake. Clients have his undivided attention and can be confident that the best possible path is taken throughout the litigation. Mike makes every project a priority and works tirelessly to achieve the desired result. In addition to leading major patent litigation through case and strategy evaluation, Markman proceedings and trial (as first chair), Mike also directly handles the subsequent appellate work. In 2018 alone, Mike argued 12 cases before the U.S. Court of Appeals for the Federal Circuit. Mike has also spearheaded negotiating and drafting hundreds of licensing agreements on behalf of his clients.

Mike views the conventional “scorched earth litigation” approach that many employ in complex patent cases as not only inefficient but also harmful to the cases. Bombarding judges and juries with every conceivable issue in a haphazard way can result in unnecessary errors being made and can obscure and actually weaken the stronger winning arguments, resulting in a poor outcome. Instead, Mike’s approach is targeted and direct – he firmly believes that the key to success in a complex patent case is the identification of a theme for the case followed by a laser focus on key issues that support that theme. Mike also believes in a collaborative approach when deciding how to address and present issues in a case. Many outside counsel believe they have all the answers and do not need input from others. Mike, on the other hand, believes that it is important to remain open to new ideas and different viewpoints.

Mike represents both plaintiffs and defendants in district courts and before the U.S. Court of Appeals for the Federal Circuit, as well as the U.S. International Trade Commission and the Patent Trial and Appeal Board on behalf of patent owners and petitioners in connection with IPRs, CBMs and reexaminations. He also has represented parties in international arbitrations and mediations. Mike has a deep understanding of patent office procedure as a result of his many years drafting and prosecuting patent applications before the U.S. Patent Office. He has rendered hundreds of patentability, infringement and validity opinions, and counsels clients with respect to all types of intellectual property rights. With his degree in electrical engineering, Mike is able to quickly process and understand the technical aspects of his cases. His representations have involved a broad array of industries and technologies in computer science and electrical and mechanical engineering, including electronic trading software, laser sintering and stereolithography, wind turbines (including mechanical and software/control aspects), electronic gaming devices, orthopedic medical devices and materials, smartphones and tablets, semiconductors, telecommunications, networking and internet hardware and software, navigation systems, automotive products and agriculture machinery.

Select Experience

  • Obtained two jury verdicts – one for more than $15 million – in favor of an electronic trading software company suing numerous competitors for patent infringement. Deposed opponent’s key technical expert and facilitated testimony that led the jury to find in favor of the client.

  • Defended a manufacturing client against allegations of patent infringement. Identified key issue used in argument to obtain summary judgment for the client.

  • Enforced patent against multiple infringers of client’s internet video software application, obtaining settlements from each infringer.

  • Represented a maker of bone prostheses in two patent infringement lawsuits against a competitor. Obtained settlements in each case.

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Experience

  • Obtained two jury verdicts – one for more than $15 million – in favor of an electronic trading software company suing numerous competitors for patent infringement. Deposed opponent’s key technical expert and facilitated testimony that led the jury to find in favor of the client.

  • Defended a manufacturing client against allegations of patent infringement. Identified key issue used in argument to obtain summary judgment for the client.

  • Enforced patent against multiple infringers of client’s internet video software application, obtaining settlements from each infringer.

  • Represented a maker of bone prostheses in two patent infringement lawsuits against a competitor. Obtained settlements in each case.

  • Pre-empted attempts of two California 3-D printer manufacturers to block the client, a foreign 3-D printing company, from entering the U.S. In questioning an expert witness, demonstrated that patents of the U.S. companies were indefinite, thereby invalidating the patents and eliminating any threat to the client.

  • Experienced litigating technologies including software and the internet, networking and high speed switching applications, telecommunications, electrical connectors, automotive products and agricultural machinery.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America®
    • Illinois: Litigation - Patent (2023)

Memberships

  • American Bar Association
  • State Bar of Wisconsin
  • Chicago Bar Association
  • American Intellectual Property Law Association (AIPLA)

Admissions

  • U.S. Patent and Trademark Office, Registration No. 36,807
  • Illinois
  • Wisconsin

Education

  • J.D., Marquette University Law School, American Jurisprudence Award, Dispute Resolution
  • B.S., Electrical Engineering, Marquette University

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Can a Plaintiff in the United States Recover Foreign Patent Damages?
By Michael D. Gannon
April 5, 2021
In 2018, the U.S. Supreme Court held that a plaintiff was entitled to lost foreign profits under 35 U.S.C. § 284 based on direct acts of infringement in the United States under 35 U.S.C. § 271(f)(2). WesternGeco LLC v. ION Geophysical...
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