Michael J. Powell

Michael J. Powell, shareholder in the Firm's Atlanta office, concentrates his practice in intellectual property matters.  His extensive experience includes representing large and small companies in trials and appeals involving patent, trademark, copyright, trade secret, unfair competition and related matters.  Mr. Powell obtains and protects patents, trademark registrations and copyright registrations, and manages intellectual property portfolios for many domestic and international companies.  Mr. Powell often counsels clients as to licensing, acquisition and infringement issues affecting intellectual property.  Mr. Powell is a registered patent attorney and has practiced intellectual property law since 1991. Mr. Powell's unique technical and business understanding is formed through prior engineering experience in mechanical and electromagnetic arts, an educational background in theoretical physics, and years of patenting unusual inventions and handling litigation for businesses involved in niche markets.

Recent Representative Transactions

• Defended many U.S. and International companies against patent infringement litigation and threats of litigation initiated by patent trolling companies (e.g. network fax server suppliers, domain name registrar, trucking and transportation software supplier, national restaurant chain, and gaming systems).
• Protected brand management company in acquiring, defending, registering and licensing trademark portfolios in retail clothing, furniture and bedding industries.
• Defended technology consulting company in U.S. District Court against patent infringement allegations concerning money order dispensing technology. Defeated preliminary injunction motion.  See, Travelers Express Co., Inc. v. Transaction Tracking Technologies, Inc. 305 F.Supp.2d 1090 (D.Minn. 2003).
• Defended food manufacturer 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.
• 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.

Representative Technologies: Electromagnetic technologies (frequency phase-shifters/J-stars); optoelectric controllers; fiber optic cabling; thermoformed packaging, processes and machinery; smartcard electronic currency systems; 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; money order dispensing systems; insect traps; scuba and mono-fins; bicycle brakes; and various software systems (e.g. network fax servers, transportation dispatch and account management software, CRM software for the automotive industry, and inventory management software for retail stores.

Publications & Speaking Engagements

• "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, 2009-2010
• Selected to Georgia Super Lawyers 2009 by Law & Politics for Intellectual Property Litigation, Intellectual Property and Antitrust Litigation, 2009-2010 
• Named as one of Georgia's Legal Elite by Georgia Trend Magazine, 2007 in Intellectual Property Law and 2009 in Business Law
• Managing Shareholder of the Firm's Atlanta Office, 2005-2008
• Co-chair of the Firm's IP Litigation Practice Group, 2003-2005 
• 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
• Chairman – Management Information Systems Committee of the State Bar of Georgia, 1998-2000
• Member – International Trademark Association
• Member – American Intellectual Property Law Association
• Member – Atlanta Bar Association (Intellectual Property Section)
• Panelist – Emory University, School of Law, Student/Lawyer Forum, 1997-98
• 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; Central District 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