Michael J. Powell

Michael J. Powell, shareholder in the Firm's Atlanta office, concentrates his practice in business and litigation matters involving intellectual property. Having practiced intellectual property law since 1991, his extensive experience includes representing businesses in transactional and litigation matters concerning patent, trademark, trade dress, copyright, trade secret, unfair competition, false advertising, false marking, antitrust and related issues.  Mr. Powell is a registered patent attorney and a frequent lecturer on intellectual property issues.

Recent Representative Matters

• Counsel to several U.S.-based suppliers of overseas products in corporate restructuring to accommodate new partner(s), investors and/or distributors while protecting intellectual property rights.
• Counsel to clients engaged in software development including mobile phone and tablet applications.
• Counsel to clients undertaking online advertising and social media marketing.
• Counsel to foreign manufacturers introducing products and/or services into the U.S. in view of competitors' patents.
• Counsel to U.S. publicly traded financial services company in acquiring foreign-developed software for use in the U.S. and further development of U.S. and foreign versions of the software.
• Advised compounding pharmacy in acquiring rights to make, use and sell certain patented technology and formulations for pharmaceuticals.
• Assisted client in purchase of assets and intellectual property from licensor/distributor and in amending license/distribution agreement to maintain product distribution in U.S. while distributor reorganized to improve cash flow.
• Counsel to U.S. publicly traded financial services company to determine risks of infringement of competitor's patents posed by client's proposed product enhancements.
• Counsel to Marine Shipyard and Oilfield Contractor with regard to acquiring, enforcing, licensing and selling intellectual property rights.
• Advised food packaging client in protecting intellectual property rights in acquisition by publicly-traded global food and beverage products manufacturer.
• Intellectual Property Counsel to dynamic Real Estate Investment Trust (REIT) client operating in North America.
• Protected brand management company in acquiring, defending, registering and licensing trademark portfolios in retail apparel, footwear, sportswear, fashion accessories, and home goods including furniture, bed and bath textiles, kitchen goods and home accessories. Represented client in transactions and/or litigation through the U.S. Patent & Trademark Office, the Trademark Trial & Appeal Board, and U.S. Bankruptcy Courts.

Representative Litigation Matters

• Counsel to many U.S. and International companies in defense against patent infringement litigation and threats of litigation initiated by patent trolling companies.
• Consulting expert for owner of customer relationship management (CRM) software and certain intellectual property rights in infringement, breach of contract, unfair competition and conversion litigation in U.S. District Court. Successfully mediated resolution of case.
• Counsel to international manufacturer of food containers and packaging in enforcing client's patent, trademark and trade dress rights in product configuration and product packaging against competitor in U.S. District Court. Obtained court-ordered injunctive relief prior to competitor filing answer.
• Defended subsidiary of publicly-traded company against patent infringement claims filed in U.S. District Court concerning wireless thin client technology. Obtained dismissal of claims prior to filing answer or responsive pleadings.
• Defended information technology (IT) consulting firm against unfounded allegations made by global computer services provider in U.S. District Court and in U.S. Court of Appeals that client had stolen trade secrets after client replaced competitor on multi-million dollar maintenance and upgrade of utility software and systems. Obtained dismissal of allegations in U.S. District Court. Affirmed by U.S. Court of Appeals. See Southern Nuclear Operating Company, Inc. v. Electronic Data Systems Corporation v. Computer Technology Solutions, Inc., 273 Fed.Appx. 834, 2008 WL 1700204 (11th Cir. 2008).
• Defended overseas manufacturer of computer chips (semiconductors and toroid transformers) and U.S. subsidiary against patent infringement allegations. See e.g., Halo Electronics, Inc. v. Bel Fuse, Inc. et al., 2010 WL 2464811 (N.D.Cal. 2010). Obtained dismissal of U.S. District Court case.
• Defended subsidiary of publicly-traded company against patent infringement claims filed by global competitor in U.S. District Court for the Northern District of Georgia concerning flicker compensation systems for flat panel displays. Obtained dismissal of U.S. District Court case.
• Counsel to several national retailers (restaurant chain, electronics retail store, office supply retail store) defending against patent infringement allegations made by Non-Practicing Entity (NPE or patent troll) concerning financial transaction systems. See Ware et al. v. Circuit City Stores, Inc. et al, 2010 WL 767094 (N.D.Ga. 2010). Obtained dismissals of U.S. District Court case(s).
• Defended several U.S.- and overseas-based nitrile glove manufacturers and/or distributors against patent infringement allegations being investigated by the U.S. International Trade Commission and filed in U.S. District Court. Obtained dismissals of all allegations against clients.
• Defended national department store retailer and product supplier against allegations of infringing copyright and engaging in unfair competition. Obtained dismissal of allegations.
• Defended North American vehicle parts manufacturer against deceptive trade practices, unfair competition (trade dress infringement), theft of trade secrets and unjust enrichment claims filed by competitor in Ohio state court. Obtained dismissal of state court case.
• Defended gaming systems manufacturer against patent infringement allegations in U.S. District Court. Case settled and dismissed after court denied motion to intervene. See The HomeBingo Network, Inc. v. Cadillac Jack, Inc. et al., 2006 WL 3469515 (S.D.Ala. 2006).
• Defended technology consulting company in U.S. District Court against patent infringement allegations concerning money order dispensing technology. See Travelers Express Co., Inc. v. Transaction Tracking Technologies, Inc. 305 F.Supp.2d 1090 (D.Minn. 2003). Defeated preliminary injunction motion.
• Defended national grower and distributor of vegetables in U.S. District Court against allegations that packaging infringed competitor's trademarks and trade dresses.  Mediated U.S. District Court case to settlement.
• Protected hardware manufacturer's intellectual property rights against infringement in U.S. District Court and Court of Appeals.  See Kason Industries, Inc. v. Component Hardware Group, Inc., 120 F.3d 1199 (11th Cir. 1997). Obtained favorable jury verdict.
• Protected umbrella manufacturer's intellectual property rights against infringement in U.S. District Court and U.S. Court of Appeals.  Obtained favorable jury verdict and damages award.
• Defended 501(c)(3) non-profit organization and its intellectual property against allegations of conversion and misappropriation in Georgia Superior Courts, Georgia Court of Appeals, Georgia Supreme Court, multiple U.S. District Courts, and U.S. Bankruptcy Court.  Obtained court-ordered dismissals. See e.g., Fowler v. Our Loving Mother's Children, Inc. et al., 262 Ga. App. 288; 585 S.E.2d 211 (Ga. App. 2003); Little Drummer Boy Productions, Inc. v. Our Loving Mother's Children et al., 2001 WL 766963 (E.D.La. 2001); In Re Waitz, 567 S.E.2d 87, 255 Ga.App. 841, 2 FCDR 1817 (Ga. App. 2002).
• Protected dietary supplement company against counterfeiting attack conducted anonymously using domestic manufacturing and marketing and sales through internet and 1-800 telephone trade channels. Settled U.S. District Court case.
• Defended European recycling-technology company in U.S. District Court against breach of contract, fraud and RICO allegations. Obtained court ordered dismissal.
• Defended European textile manufacturer in U.S. District Court in commercial divorce litigation.  Obtained court-ordered injunction against former partner.
• Counsel to exclusive licensee of patent in U.S. District Court and U.S. Court of Appeals litigation concerning defendants' infringement, false marking, unfair competition and deceptive trade practices. Obtained court-ordered injunctive relief and damages award. See Enforcer Products, Inc. v. Robert Birdsong et al., 98 F.3d 1359, 40 U.S.P.Q.2d 1958, 1996 WL 592161 (Fed. Cir. 1996).

Representative Industries/Technologies

Retail; Manufacturing; Electronics; Semiconductors (Toroid Transformers); Financial Services; Information Technology; Advertising; Marketing; Software for numerous applications (E.g., mobile phone and tablet applications, financial transaction and inventory management systems, CRM systems for automotive and other industries, money order dispensing, flicker compensation in flat panel displays, nuclear power plants, pipeline and railway inspection systems, transportation dispatch systems, casino and video games); Food and beverage packaging; Cosmetics packaging; Medical and Work Gloves (nitrile and latex); Electromagnetic technologies (frequency phase-shifters/J-stars); Optoelectric controllers; Fiber optic cabling; Thermoformed packaging, processes and machinery; Diaper manufacturing machinery and processes; Medical devices (delivery pumps, urinary catheters, surgical instruments); Surgical garments; Marine pipeline recovery systems; Welding systems for offshore oil rigs; Concrete anchors for telecommunication towers; Excavators, bulldozers, backhoes; Commercial ovens & proofers; HVAC systems; Rotary engines; Refrigeration hardware; Pistols; Drywall anchors; Insect traps; Scuba and mono-fins; Bicycle brakes; Wireless thin clients; Recycling equipment and systems; Sterilizers; Apparel; Footwear; Sportswear; Fashion accessories; and Home Goods including Furniture, Bed and Bath textiles, Kitchen goods and home accessories; Pharmaceuticals; and Dietary supplements.

Publications & Speaking Engagements

• "Strategic Implications of the Patent Reform Act of 2011," sponsored by the Intellectual Property Litigation Committee of the American Bar Association (ABA) Section of Litigation, Roundtable, Atlanta, Georgia, December 2011
• "Ethical Issues Facing Corporate IP Counsel," The Corporate Intellectual Property Institute, sponsored by Georgia State University College of Law, Atlanta, Georgia, November 2011
• "Day of the Trolls: The Pros and Cons of Settling a Patent Case and Taking a License When the Products Do Not Seem to Infringe," sponsored by the American Intellectual Property Law Association (AIPLA), Licensing and Management of IP Assets Committee, Washington, DC, October 2011
• "Patent Reform - Practitioners Sound Off On The Merits And Drawbacks Of The Sweeping New Law," The National Law Journal, October 2011
• "Businesses Cheer Patent Reform, Hurdles Still Loom," FoxBusiness, September 2011
• "Patent Reform Elicits Cheers From Business, But USPTO Faces Big Challenges," AOL Government, September 2011 
• "First-To-File Patent System To Favor Big Biz," Law360, September 2011
• "Google Fortifies Patent Portfolio With Motorola Deal," Managing Intellectual Property Magazine, August 2011
• "Technology News - Motor Carriers Being Hit With Lawsuits," Furniture Transporter - International Furniture Transportation and Logistics Council, June 2011
• "Use of Competitor's Trademark in Keyword Advertising: Infringement or Not?" Intellectual Property Litigation Committee of the ABA Section of Litigation Roundtable, Atlanta, Georgia, March 2011
• "Implications of Recent Court Decisions on the Application of the 'Entire Market Value Rule' to Patent Damages Analysis," Intellectual Property Litigation Committee of the ABA Section of Litigation Roundtable, Atlanta, Georgia, December 2010
• "Social Media and Networking - Pretty Cool or Downright Dangerous?" The Corporate Intellectual Property Institute at Georgia State University, Atlanta, GA, November 2010
• "Ethical Considerations in IP Practice," Sixth Annual SpringPosium Intellectual Property Conference, Barnsley Gardens, Adairsville, Georgia, May 2010
• "Second Circuit Says eBay Is Neither Direct Nor Contributory Infringer of Tiffany Marks," BNA's Electronic Commerce & Law, April 2010
• "Patent Strategies for Competing in a Down Economy," The Corporate Intellectual Property Institute at Georgia State University in Atlanta, November 2009
• "Legal Issues Presented By Social Networking," HR.com, October 2009
• "Changing Trends in IP Disputes," Navigating Intellectual Property Disputes, part of the Inside the Minds series, Aspatore Books (2009)
• "Trademarks In Distress! (How to Buy and Sell Trademarks in Bankruptcy)," Intellectual Property Owners' Association, 37th Annual Meeting, Chicago, September 2009
• "Managing Legal Risks and Lawyers," J. Mack Robinson College of Business, Georgia State University, Professional MBA Program, July 2009
• "How to Survive in an Upside Down Economy - Recession-Proofing Tips and Trends from an Intellectual Property Perspective," Moderated 4th Annual IP Hot Topics Luncheon, Georgia State University College of Law, May 21, 2009
• "Recession-Proofing: IP Is Key," Law360, March 2009
• "Avoiding Infringement: Minimizing Risks Posed By Intellectual Property Litigation," SmartBusiness Atlanta Magazine, August 2008
• "The Impact of Electronic Discovery on Corporations," Fourth Annual SpringPosium Intellectual Property Conference, Brasstown Valley Resort, Young Harris, Georgia, May 2-4, 2008
• "Fundamentals of Intellectual Property Law," Lorman Seminars in Atlanta, Georgia and Birmingham, Alabama, May 2006
• "Intellectual Property For Artists," Art Institute of Atlanta, 1998

Professional Honors & Activities

• Listed in Chambers USA: America's Leading Business Lawyers as a leading intellectual property lawyer in Georgia, 2007 and 2009 – 2011
• Selected as one of the top 100 attorneys in Georgia by Georgia Super Lawyers, 2010 and 2011
• Selected to Georgia Super Lawyers by Law & Politics for Intellectual Property Litigation, Intellectual Property and Antitrust Litigation, 2009 – 2011 
• Named as one of Georgia's Legal Elite by Georgia Trend Magazine, 2007 – 2011 
• Managing Shareholder of the Firm's Atlanta Office, 2005 – 2008
• Co-chair of the Firm's IP Litigation Practice Group, 2003 – 2005 
• "Volunteer of the Year" Pro Bono award, Southface Energy Institute, 2010
• Program Chair – Fourth Annual SpringPosium Intellectual Property Conference, co-Hosted by the Intellectual Property Section of the Atlanta Bar Association and Georgia State University, Brasstown Valley Resort, Young Harris, Georgia, May 2-4, 2008
• Member – Intellectual Property Advisory Board, Georgia State University College of Law, 2008 – present
• Chairman – Management Information Systems Committee of the State Bar of Georgia, 1998 – 2000
• Member – International Trademark Association (INTA)
• Member – American Intellectual Property Law Association (AIPLA)
• Member – Intellectual Property Owner's Association (IPO)
• Member – Atlanta Bar Association (Intellectual Property Section)
• Panelist – Emory University, School of Law, Student/Lawyer Forum, 1997 – 1998
• Judge – Georgia State University, College of Law, Moot Court Competitions
• Member – Community Fundraising Board, Children's Healthcare of Atlanta, 2005 – 2008
• Member – St. Thomas More Society

Admissions

• State Bar of Georgia
• Supreme Court of Georgia
• Georgia Court of Appeals
• United States Court of Appeals for the Eleventh Circuit and for the Federal Circuit
• United States District Courts (Northern and Middle Districts of Georgia; Eastern District of Texas; Eastern District of New York; Northern and Central Districts of California; District of Minnesota; Southern District of Alabama)
• United States International Trade Commission
• United States Patent and Trademark Office

Education

• Georgia State University College of Law, J.D., 1991
  • Moot Court Board
• Loyola University, New Orleans, B.S. Physics, 1988