Michael E. Anderson

Partner

Washington, D.C.
T +1.202.861.1575
F +1.202.861.1783

Overview

Michael Anderson is an intellectual property attorney who focuses his practice on technology-based litigation and patent infringement cases. Although his practice now centers on intellectual property, Michael has broad litigation experience handling commercial torts, contract disputes, fraud cases and bid protest actions. He has practiced in courts across the U.S. and before administrative agencies, notably in the Eastern District of Virginia (known as the “Rocket Docket”), the Court of Federal Claims, and before the International Trade Commission (ITC). He has also litigated at the Patent Office, including inter partes review and reexamination proceedings. Additionally, Michael has lectured on patent litigation before the ITC at the University of Washington School of Law’s Center for Advanced Study & Research on Innovation Policy.

Michael provides clients with valuable and cost-effective strategies for litigation, portfolio assessment and licensing negotiation. He has counseled clients regarding a wide array of technologies, including navigation systems and software, medical devices, semiconductors, LCD televisions, cellphones, DVD recorders and media, construction equipment, laser range finders, fluid coolers, LEDs, semiconductor mask repair, computer security software and devices, wireless communication devices, VoIP systems, robotics, pharmaceuticals, and molecular diagnostics.

Select Experience

  • Defended a manufacturer of fluid coolers in patent infringement actions filed by a competitor. After a two-week trial, the jury returned a verdict finding no liability based on its finding of noninfringement of one set of claims and invalidity of a second set of claims of the asserted patent. Successfully defended jury verdict on appeal. 
  • Representing software company in action involving alleged trade secret misappropriation and patent ownership and inventorship disputes.
  • Provided representation to defendants/counterclaim plaintiff in a patent infringement action involving eight patents related to heavy-construction and earthmoving technology. Matter was resolved in a confidential settlement.
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Experience

  • Defended a manufacturer of fluid coolers in patent infringement actions filed by a competitor. After a two-week trial, the jury returned a verdict finding no liability based on its finding of noninfringement of one set of claims and invalidity of a second set of claims of the asserted patent. Successfully defended jury verdict on appeal. 
  • Representing software company in action involving alleged trade secret misappropriation and patent ownership and inventorship disputes.
  • Provided representation to defendants/counterclaim plaintiff in a patent infringement action involving eight patents related to heavy-construction and earthmoving technology. Matter was resolved in a confidential settlement.
  • Represented one of the largest publicly traded companies in Japan and its foreign subsidiaries in multiple patent infringement lawsuits involving LCD modules before the ITC and in the Eastern District of Texas. Resulted in the negotiation of a settlement after several years of contentious litigation, including two separate ITC trials.
  • Leveraged institution of inter partes review of asserted patent to obtain favorable settlement of patent infringement litigation against consumer electronics company.
  • Represented a defendant technology company in a patent infringement action in the Southern District of Ohio related to systems for playing music and messages remotely. Matter was resolved in a confidential settlement. 
  • Representing a government contractor in a lawsuit brought against the Army involving laser range finders. The matter is ongoing. 
  • Defended a technology company in a series of litigations involving allegations of patent infringement, breach of contract and various commercial torts. Obtained dismissal of a patent infringement action with attorneys' fees.  
  • Represented a technology company in the Eastern District of Virginia in an action alleging infringement of a patent related to electronic books. Summary judgment of noninfringement was rendered at the outset of discovery.
  • Represented a technology consulting firm in the Court of Federal Claims in an action alleging patent infringement and misappropriation of trade secrets. The client was a government contractor working with the Joint Armed Forces, which was alleged to have infringed a patent covering certain business methods. The case was dismissed by the plaintiff after a Markman hearing. 
  • Represented a client technology company in an Eastern District of Virginia case in which the scope and number of products accused in the patent infringement action were limited through motions practice, resulting in significantly decreased damages exposure to the client and prompt dismissal of the client from the litigation.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2016)
    • Recommended in Intellectual Property: Patent Litigation - Full Coverage

Memberships

  • Pauline Newman IP American Inn of Court

Pro Bono

  • Represented a client in an insurance dispute regarding denial of payment of death benefits, resulting in the negotiation of a settlement. 
  • Represented a client in a veteran's appeal, resulting in remand of a decision denying claims of disability. 
  • Has prepared wills and advanced medical directives for low-income elderly clients.

Prior Positions

  • Exxon Mobil: Engineer

Admissions

  • U.S. Court of Federal Claims
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Virginia
  • U.S. Patent and Trademark Office, Registration No. 46,520
  • Virginia
  • District of Columbia

Education

  • J.D., William & Mary Law School, 2000
  • B.S.E., Princeton University, 1995, with honors