Michael J. Flibbert
Partner
With more than 20 years of patent litigation experience, Mike Flibbert serves as lead counsel in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), district court litigations, and appeals at the U.S. Court of Appeals for the Federal Circuit.
Experience
E. I. du Pont de Nemours v. Monsanto Technology
Served as DuPont’s lead counsel in Federal Circuit appeal from Board decision in inter partes reexamination proceeding relating to transgenic soybean technology, leading to affirmance of the decision in DuPont’s favor.
17-1032, -1098, Fed. Cir.
E. I. du Pont de Nemours v. Synvina C.V.
Served as DuPont’s and ADM’s lead counsel in a successful Federal Circuit appeal from an IPR proceeding, resulting in reversal of the PTAB’s decision and invalidation of all challenged claims of Synvina’s patent directed to production of 2,5-furan dicarboxylic acid.
17-1977, Fed. Cir.
Danisco US Inc. v. Novozymes A/S
Served as Danisco’s lead counsel in IPR challenge to Novozymes patent relating to process of recovering oil during ethanol production, leading to favorable institution decision followed by Novozymes’ request for adverse judgment.
IPR2019-01010, PTAB
Coalition for Affordable Drugs V LLC v. Biogen MA Inc.
Served as Biogen's lead counsel in three IPRs relating to the MS drug Tecfidera®, leading to non-institution decisions in the first two proceedings and a final decision confirming patentability in the third proceeding.
IPR2015-01086, -01136, -01993, PTAB, Judges Gardener-Lane, Katz, Schafer
Lannett Holdings, Inc. v. AstraZeneca AB
Served as patent owner AstraZeneca's lead counsel in two IPRs relating to Zomig® Nasal Spray, leading to non-institution decisions in both proceedings.
IPR2015-01629, -01630, PTAB, Judges Paulraj, Snedden, Yang
REG Synthetic Fuels, LLC v. Neste Oil Oyj
Served as patent owner Neste Oil's lead counsel in two IPRs relating to biofuels: one settled and the other resulted in grant of motion to amend the patent.
IPR2013-00178; IPR2014-00192, PTAB
Insights
At the PTAB Blog
November 28, 2022
Books
The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board, Third Edition
September 2022
Federal Circuit IP Blog
Podcast Series: Last Month at the Federal Circuit - April 2021
May 7, 2021
Articles
Standing Requirements for Appealing PTAB Decisions: Recent Developments
July 16, 2020
Westlaw Journal Intellectual PropertyArticles
Against the Odds—Prevailing on IPR Grounds Without Satisfying the ‘Reasonable Likelihood’ Standard
October 23, 2019
Bloomberg LawProfessional Recognition
"Flibbert has argued in many contentious forums, but his best asset is his ability to litigate in complex Hatch-Waxman disputes."
“Michael Flibbert’s advocacy and technical talents are frequently on show at the PTAB, as well as in ITC matters and Hatch-Waxman Act litigation.”
“Flibbert has been fending off inter partes review petitions filed by biosimilar drug makers with a striking rate of success…”
“Flibbert is distinguished by his post-grant expertise and vital contribution to one of the best PTAB practices in the country.”
News
Award/Ranking
50 Finnegan Attorneys Ranked in the 2025 IAM Patent 1000
June 2, 2025
Intellectual Asset Management (IAM)Award/Ranking
46 Finnegan Attorneys Ranked in 2024 IAM Patent 1000
June 6, 2024
Intellectual Asset Management (IAM)Press Release
Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked
June 30, 2023
Intellectual Asset Management (IAM)Professional Activities
- American Bar Association
- American Intellectual Property Law Association
- District of Columbia Bar Association
- Federal Circuit Bar Association
- Order of the Coif
Admissions
- U.S. Patent and Trademark Office
- District of Columbia
- Virginia
- U.S. Court of Appeals, Federal Circuit
- Supreme Court of the United States
Education
- George Washington University Law School
- J.D., with honors, 1994
- Georgetown University
- B.S., Chemistry, 1986
Clerkships
- U.S. Court of Appeals, Federal Circuit
Michael's Practices
- Appeals, Issues, and Legal Strategy
- Appeals from the PTAB
- Federal Circuit and Supreme Court Appeals
- Diligence, Licensing, and Opinions
- Licensing, Pooling, and Other Transactions
- Opinions and Counseling
- Global IP Enforcement, Litigation, and Trials
- Branded Hatch-Waxman (ANDA) Litigation and Trials
- ITC Section 337 Investigations and Trials
- Patent Litigation and Trials
- Pretrial Strategies
- Patent Office Invalidation Proceedings
- PTAB Invalidation Proceedings: IPR and PGR
- Prosecution and Portfolio Management
- Appeals to the PTAB
- Patent Drafting and Prosecution
Michael's Industries
- Chemicals, Industrials, and Materials
- Chemical
- Energy
- Clean Energy and Renewables
- Oil and Gas
- Life Sciences
- Biotechnology
- Pharmaceutical