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Michael C. Elmer
Senior Counsel
Michael Elmer has more than 40 years of experience in virtually every aspect of intellectual property law, including ex parte, inter partes, and litigated IP matters. For most of his career, Mr. Elmer has litigated patent, trademark, trade secret, trade dress, copyright, and related antitrust matters. Since becoming senior counsel, Mr. Elmer has focused his litigation work on the coordination of the firm's Global IP Litigation Project. The centerpiece of the project is a database containing win-rate statistics on international patent litigation provided by a network of participating international firms from 30 countries. The project's purpose is to assist clients in resolving international patent disputes and implementing global offensive and defensive strategic plans, including forum shopping.
Mr. Elmer's broad litigation experience includes serving as lead or co-counsel in cases in seven U.S. Courts of Appeals, including the Court of Appeals for the Federal Circuit; 35 U.S. district courts; the U.S. International Trade Commission (ITC); the U.S. Patent and Trademark Office Board of Appeals; and numerous state courts. Mr. Elmer has also managed, arbitrated, and negotiated complex international IP disputes, and supervised licensing agreements and settlements involving all aspects of IP, technical data rights, and global distribution agreements before arbitration tribunals such as the American Arbitration Association, and Judicial Arbitration and Mediation Services Inc.
Mr. Elmer has lectured extensively both in the United States and abroad on global patent litigation including the resolution and evaluation of international patent disputes.
Highlights
- Alcon Labs v. WaveLight Laser Technologie AG (E.D. Va.). Represented WaveLight in its successful effort to introduce its laser eye surgery technology into the United States over the objection of three large, corporate patent portfolios. Assisted in the development of its global patent strategies and completion of the strategic sale of the company.
- Insight Development Corp. v. Hewlett-Packard Co. (Fed. Cir.). Represented defendant, Hewlett-Packard in its successful defense of a 1.2 billion dollar infringement claim by Insight relating to HP's server and networking software.
- Genmar Corporation v. Genmar Industries (D. Del.). Successfully represented Genmar Industries in its defense of a trademark infringement claim relating to the Genmar service mark and business name.
- PRC Realty Systems, Inc. v. National Association of Realtors (E.D. Va.). Represented PRC in its successful copyright infringement claim against The National Association of Realtors enjoining the use of their Build-A-Book advertising system.
- New Era Bridge v. Lyle Stuart (W.D. Va.). Represented New Era Publications in its successful effort to obtain a preliminary injunction against the Lyle Stuart Company for the unauthorized use of the Dianetics logo on its dust cover for the publication "L.Ron Hubbard: Madman or Messiah?"
- In re Certain Headboxes and Papermaking Machine Forming Sections for the Continuous Production of Paper, 337-TA-82 (ITC). Represented the Fort Howard Paper Company in its successful defense of an ITC investigation relating to its paper machine manufacturing products.
- SK&F, Co. v. Premo Pharm. Labs., Inc. (3d Cir.). Successfully represented Smith Kline & French (now GlaxoSmithKline), in protecting its Dyazide products against both patent and trade dress infringement by Pharmadyne Laboratories and Premo Pharmaceuticals.
- Crucible, Inc. v. Stora Kopparbergs Bergslags AB (W.D. Pa., Fed. Cir.). Represented Crucible Steel Company in its successful effort to obtain an injunction and treble damages against Kloster Speedsteel with respect to its infringing high-speed tool steel products into the U.S. at both the trial and appellate level.
- Pro bono work assisting the Arts Counsel Silicon Valley in the development and licensing of its Artsopolis Arts and Cultural website now licensed to 25 different major U.S. cities and art organizations.
- Served four years with the U.S. Army as a captain in the Judge Advocate General's Corps. as a prosecutor in criminal cases and defense counsel assisting the Department of Justice in defending the U.S. Army in patent cases before the then, U.S. Court of Claims, 1970-1973.
Professional Activities
- State Bar of California
- State Bar of Wisconsin
- District of Columbia Bar
- American Trial Lawyers Association
- ITC Trial Lawyers Association
- American Intellectual Property Law Association (Section on Litigation)
- American Bar Association (Sections on Patent, Trademark and Copyright Law, and Litigation); (Committees on Patent, Trademark and Copyright Law; Litigation; Broadcasting Sound Recordings; and Performing Artists, Entertainment and Sports Industries)
Select Publications
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