Partner
Mike represents clients in patent cases involving pharmaceuticals, biotechnology, chemistry, chemical engineering, agriculture, and materials science. He has particular experience representing pharmaceutical patent holders in litigations arising under the Hatch-Waxman Act. He previously served as practice group leader for the firm's chemical and metallurgical practice group.
Mike counsels clients on patent issues, including infringement, validity, enforceability, appeals, and remedies. He also has experience in U.S. International Trade Commission (ITC) actions, patent prosecution, antitrust law, licensing, and alternative dispute resolution.
Mike lectures in the United States and abroad on patent law topics, including PTAB practice and the America Invents Act (AIA). He has been recognized by The Legal 500 U.S. for post-grant proceedings and other practice areas.
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
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
At the PTAB Blog
Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board Finnegan Attorneys Author the Third Edition of The Practitioner’s Guide to Trials Before the Patent Trial and Appeal Board
November 28, 2022
Books
The Practitioner's Guide to Trials Before the Patent Trial and Appeal Board, Third Edition 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 Podcast Series: Last Month at the Federal Circuit - April 2021
May 7, 2021
Podcasts
April 2021 - Last Month at the Federal Circuit Podcast Series April 2021 - Last Month at the Federal Circuit Podcast Series
May 6, 2021
Articles
Standing Requirements for Appealing PTAB Decisions: Recent Developments Standing Requirements for Appealing PTAB Decisions: Recent Developments
July 16, 2020
Westlaw Journal Intellectual Property"Flibbert has argued in many contentious forums, but his best asset is his ability to litigate in complex Hatch-Waxman disputes."
Intellectual Asset Management Patent 1000
“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.”
Intellectual Asset Management Patent 1000
“Flibbert has been fending off inter partes review petitions filed by biosimilar drug makers with a striking rate of success…”
Intellectual Asset Management Patent 1000
“Flibbert is distinguished by his post-grant expertise and vital contribution to one of the best PTAB practices in the country.”
Intellectual Asset Management Patent 1000
"Flibbert has argued in many contentious forums, but his best asset is his ability to litigate in complex Hatch-Waxman disputes."
Intellectual Asset Management Patent 1000
“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.”
Intellectual Asset Management Patent 1000
“Flibbert has been fending off inter partes review petitions filed by biosimilar drug makers with a striking rate of success…”
Intellectual Asset Management Patent 1000
“Flibbert is distinguished by his post-grant expertise and vital contribution to one of the best PTAB practices in the country.”
Intellectual Asset Management Patent 1000
Press Release
32 Finnegan Attorneys Recognized by Best Lawyers 32 Finnegan Attorneys Recognized by Best Lawyers
August 17, 2023
Best LawyersAward/Ranking
54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll 54 Finnegan Attorneys Named to 2022 Capital Pro Bono Honor Roll
July 21, 2023
Press Release
Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked Finnegan Receives Top Rankings from Intellectual Asset Management; 46 Attorneys Ranked
June 30, 2023
Intellectual Asset ManagementPress Release
29 Finnegan Attorneys Ranked by Best Lawyers 29 Finnegan Attorneys Ranked by Best Lawyers
August 18, 2022
U.S. News—Best LawyersPress Release
45 Finnegan Attorneys Recommended by Intellectual Asset Management; Firm Continues to Be Top Ranked 45 Finnegan Attorneys Recommended by Intellectual Asset Management; Firm Continues to Be Top Ranked
July 8, 2022
Intellectual Asset ManagementCommentary
PTAB Reversals at Federal Circuit: How Counsel Snag Rare Wins PTAB Reversals at Federal Circuit: How Counsel Snag Rare Wins
September 2, 2021
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