A trial lawyer: Chief focus is patent and trade secret litigation in district courts across the country.
- Lead counsel for major players in the pharmaceutical, biotechnology and medical device space.
- Michael works closely with in-house IP lawyers, litigators and general counsel, leveraging his substantial skill as a strategist to manage complex patent cases to successful business resolutions or trial wins.
A strategic advisor concerning litigation assets: Represents operating companies, funders, insurers and other investors in connection with active and potential litigation assets.
- Advises on issues of litigation finance, including direct investment, valuation, risk assessments and insurance factors related to patent and trade secret matters.
- Leverages knowledge of the litigation finance ecosystem to assist operating companies defend against matters brought by plaintiffs funded by outside private capital.
A strategic advisor on issues of intellectual property management: Represents investment professionals on IP-related matters, including internal policies and information management, and external opportunities, such as diligence, case management and trial practice.
- Actively focuses on the evolving landscape surrounding generative artificial intelligence, machine learning and other emerging technologies.
- Michael is a key partner in Akin’s artificial intelligence & machine learning group.

Trial Practice and Accolades

Michael is a Chambers USA-ranked lead trial lawyer with significant victories at virtually every stage of litigation. With a global practice, Michael is a full-service strategic advisor for prominent life sciences and high-tech companies. Building upon long-term relationships of trust, Michael is called upon to take the lead on business-critical matters involving IP and related complex commercial disputes.

Michael proactively evaluates and addresses patent infringement and trade secret claims in the context of his clients’ market position and business goals. Working closely with in-house attorneys and executives, he wields his substantial skill as a strategist to manage complex cases to successful business resolutions or trial wins.

Michael has significant experience in all aspects of intellectual property litigation, including successes in district courts across the country, the International Trade Commission (ITC), the Patent Trial and Appeals Board (PTAB) and numerous alternative dispute resolution forums.

Michael is recognized by Chambers USA as a leading practitioner in Intellectual Property: Patent–New York, praised for being “thoughtful, responsive, and meticulously detailed in his analysis.” Additionally, Michael is a two-time Client Service All-Star, as awarded by BTI Consulting Group, honoring lawyers who provide exceptional levels of client service, as identified by their clients.

Strategic Counseling on Litigation Assets

Alongside Akin’s market-leading investment funds, special situations, private credit and finance teams, Michael advises operating companies, funders, lenders, insurers and other investors on issues related to active and potential litigation assets. Whether in connection with large defense matters on behalf of operating companies or in connection with funding and investment decision making, Michael wields his knowledge of intellectual property law and the litigation finance ecosystem to drive successful outcomes for his clients. Michael sits alongside partners in Akin’s London and Hong Kong offices to support the firm’s worldwide, cross-practice collaboration on litigation assets.

Michael serves on Akin’s Executive Hiring Committee and the New York Diversity, Equity & Inclusion Council. Michael previously served on the firm’s Partnership Admissions Committee for two consecutive three-year terms.

Representative Work

IP Litigation

Represents Boston Scientific in post-trial and appellate proceedings relating to patent infringement claims brought by the Board of Regents of the University of Texas System and TissueGen Inc. The claims at issue are directed to biodegradable fiber implants with immiscible phases.
Represents Signature Plumbing Specialties in a patent infringement case brought by Kohler Inc. in the Southern District of New York (SDNY). The plaintiff originally asserted seven design patents and alleged infringement by multiple Signature products sold well before Kohler’s priority dates. After early motion practice, Kohler withdrew certain of its claims, maintained others, and added business tort allegations. After the exchange of contentions and targeted early discovery, the Court stayed the case pending the outcome of Signature’s refiled motion for judgment on the pleadings or, in the alternative, motion for summary judgment.
Represented a global technology company as a respondent in two, related investigations before the ITC. Each investigation involved the assertion of multiple patents against, inter alia, memory modules manufactured by our client. The matter settled favorably for our client.
Represented Boston Scientific successfully in a series of multi-front patent and trade secret litigations against Nevro Corp. relating to spinal cord stimulation technology in the district of Delaware. The cases involved affirmative patent and trade secret claims asserted by Boston Scientific, counterclaims for patent infringement asserted by Nevro and parallel petitions for inter partes review (IPR) in both directions before the PTAB. The court scheduled trials for October 2021, January 2023 and October 2023. The jury in the 2021 trial returned a verdict finding Nevro liable for willful patent infringement and awarding Boston Scientific $20 million in damages. The case settled favorably in August 2022, prior to the next-scheduled trials.
Represented Boston Scientific successfully in connection with PTAB proceedings brought by Micro-Tech (Nanjing) Co. Ltd. and Micro-Tech Endoscopy USA Inc. Micro-Tech petitioned the PTAB to initiate IPR proceedings over 15 Boston Scientific patent claims directed to hemostatic clips. After Boston Scientific submitted its Patent Owner Preliminary Response, the PTAB denied institution of review for all challenged claims, giving Boston Scientific a complete victory.

Represented 3M Company successfully in a series of enforcement matters concerning fraudulent offers for sale and counterfeit sales of goods misbranded as 3M personal protective equipment, including its notorious N95 respirators. This included securing a victory for 3M in the Central District of California, obtaining a default judgment and permanent injunction, along with other relief against a company selling counterfeit personal protective equipment (PPE), including N95 respirators.
Represented 3M Company successfully in defense of a three-patent infringement case filed by BD Technology Partners in the District of Minnesota. The technology related to smart air filters. The case settled favorably for 3M.
Represented Endava Inc. and nine other directly- and indirectly-related entities successfully against allegations brought by Plusgrade Inc. related to an airline seat upgrade platform. Plusgrade filed a complaint in the SDNY alleging copyright infringement, a Lanham Act violation, misappropriation of trade secrets under the Defend Trade Secrets Act of 2016 (DTSA) and New York common law, unfair competition and tortious interference. In March 2023, the court granted our clients’ motion to dismiss all claims and entered judgement in our favor.
Represented EnChroma successfully in patent litigation related to lenses used for color vision correction. The matter was filed in the Western District of Pennsylvania as a declaratory judgment by accused infringer, Eyenavision, Inc. The case settled favorably for EnChroma in March 2023.
Represented plaintiff 3M Company successfully in a patent infringement dispute against competitor Kerr Corporation involving 3M’s innovative dental composite materials. After successive victories for 3M in connection with Markman proceedings and Daubert motions, the case settled in December 2019.
Represented plaintiff/complainant 3M Company successfully in a three-patent dispute involving 3M’s groundbreaking shielded ribbon cable technology against Amphenol Corp. and related respondents. 3M filed a district court action in Delaware and an investigation before the ITC. Amphenol countered with four IPR petitions challenging 3M’s patents. Just weeks prior to trial, Amphenol entered into a consent order addressing all accused products and terminated the IPRs.
Represented Sorenson Communications and CaptionCall LLC successfully as lead counsel against primary competitor Ultratec/CapTel Inc. in a series of district court, federal circuit and PTAB matters over Ultratec’s patents concerning telecommunications for the deaf and hard-of-hearing. The Akin team took over this series of matters during the post-trial and appellate phases following two district court jury trials. Since then, in a series of nine IPRs, the PTAB found all of Ultratec’s asserted claims in the first trial unpatentable. The Akin team also successfully challenged and rendered unpatentable all claims of three additional Ultratec patents asserted in subsequently filed but stayed district court litigations. Ultratec appealed to the Federal Circuit, where a three-judge panel unanimously affirmed the PTAB decisions in Sorenson’s favor. The Supreme Court denied Ultratec’s petition for certiorari and the matters concluded as a complete victory for our clients.
Represented a declaratory judgment defendant/counterclaim-plaintiff Openfolio successfully against Albert Corporation in breach of contract, unfair competition and misappropriation of trade secrets litigation concerning websites and applications for managing personal financial portfolios. Client Openfolio’s claims were among the first brought under the Defend Trade Secrets Act of 2016; the case settled favorably for the client in the midst of dispositive motion practice that would undercut all of Albert’s claims.

Represented 3M Company successfully in a series of enforcement matters concerning fraudulent offers for sale and counterfeit sales of goods misbranded as 3M personal protective equipment, including its notorious N95 respirators. This included securing a victory for 3M in the Central District of California, obtaining a default judgment and permanent injunction, along with other relief against a company selling counterfeit personal protective equipment (PPE), including N95 respirators.
Represented 3M Company successfully in defense of a three-patent infringement case filed by BD Technology Partners in the District of Minnesota. The technology related to smart air filters. The case settled favorably for 3M.
Represented Endava Inc. and nine other directly- and indirectly-related entities successfully against allegations brought by Plusgrade Inc. related to an airline seat upgrade platform. Plusgrade filed a complaint in the SDNY alleging copyright infringement, a Lanham Act violation, misappropriation of trade secrets under the Defend Trade Secrets Act of 2016 (DTSA) and New York common law, unfair competition and tortious interference. In March 2023, the court granted our clients’ motion to dismiss all claims and entered judgement in our favor.
Represented EnChroma successfully in patent litigation related to lenses used for color vision correction. The matter was filed in the Western District of Pennsylvania as a declaratory judgment by accused infringer, Eyenavision, Inc. The case settled favorably for EnChroma in March 2023.
Represented plaintiff 3M Company successfully in a patent infringement dispute against competitor Kerr Corporation involving 3M’s innovative dental composite materials. After successive victories for 3M in connection with Markman proceedings and Daubert motions, the case settled in December 2019.
Represented plaintiff/complainant 3M Company successfully in a three-patent dispute involving 3M’s groundbreaking shielded ribbon cable technology against Amphenol Corp. and related respondents. 3M filed a district court action in Delaware and an investigation before the ITC. Amphenol countered with four IPR petitions challenging 3M’s patents. Just weeks prior to trial, Amphenol entered into a consent order addressing all accused products and terminated the IPRs.
Represented Sorenson Communications and CaptionCall LLC successfully as lead counsel against primary competitor Ultratec/CapTel Inc. in a series of district court, federal circuit and PTAB matters over Ultratec’s patents concerning telecommunications for the deaf and hard-of-hearing. The Akin team took over this series of matters during the post-trial and appellate phases following two district court jury trials. Since then, in a series of nine IPRs, the PTAB found all of Ultratec’s asserted claims in the first trial unpatentable. The Akin team also successfully challenged and rendered unpatentable all claims of three additional Ultratec patents asserted in subsequently filed but stayed district court litigations. Ultratec appealed to the Federal Circuit, where a three-judge panel unanimously affirmed the PTAB decisions in Sorenson’s favor. The Supreme Court denied Ultratec’s petition for certiorari and the matters concluded as a complete victory for our clients.
Represented a declaratory judgment defendant/counterclaim-plaintiff Openfolio successfully against Albert Corporation in breach of contract, unfair competition and misappropriation of trade secrets litigation concerning websites and applications for managing personal financial portfolios. Client Openfolio’s claims were among the first brought under the Defend Trade Secrets Act of 2016; the case settled favorably for the client in the midst of dispositive motion practice that would undercut all of Albert’s claims.

“Michael is thoughtful, responsive and meticulously detailed with his analysis. He is very professional, [and] very polished.”

Chambers USA, 2024

Education
J.D., Fordham University School of Law, 2001
B.A., University of Pennsylvania, 1998

Bar Admissions
New York

Recognitions

Chambers USA, Leading Practitioner in Intellectual Property: Patent–New York, 2022-2024; Described as a “strong, talented partner who presents arguments really well.”
The Legal 500 US, Patents: Litigation (Full Coverage), 2021-2024.
Managing IP, IP Stars – Patent Star, 2023.
LMG Life Sciences, Leading Life Sciences Lawyer, 2021; Life Sciences Star, 2022.
IAM Patent 1000—The World’s Leading Patent Professionals, Leading Private Patent Litigator in New York, 2021, 2024.
BTI Consulting Group, Client Service All-Star, 2020, 2024.
Akin, New York Office, Partner Recognition Award, 2018.
Immigration Equality, Safe Haven Award, Recognition for Excellence in Pro Bono Representation, 2013.

Affiliations and Public Service

Advisory Board Member, The Johns Lyng Group USA.
Member, Board of Trustees, Northern Westchester Hospital.

Speeches and Publications

Presenter, New Challenges for Private Fund Managers, Akin AI Summit, February 8, 2024.
Moderator, The Next Frontier of Investing with Generative AI, MFA Network Miami, January 31, 2024.
Moderator, Protecting Data Assets in the Age of AI, MFA Data & Technology 2023, September 19, 2023.
Presenter, Understanding Impact of the Inflation Reduction Act on Pharmaceutical Litigation, American Conference Institute’s 18th Annual Paragraph IV Disputes Conference, April 19, 2023.
Moderator, How to Develop and Implement A Crisis-Resistant IP Strategy, IPO Annual Meeting, September 21, 2020.
Presenter, A Unified Claim Construction Standard: Panacea or Peril? IPO Litigation Committee Meeting, May 16, 2019.
Presenter, Addressing the Impact of a Uniform Claims Construction Standard, American Conference Institute’s 13th Annual Paragraph IV Disputes Conference, April 29, 2019.
Presenter, How to Build a Successful Biotech, YJP CEO Life Sciences and Pharmaceutical Symposium, November 13-14, 2018.
Presenter, Divided Infringement: From Akamai to Lilly, American Conference Institute’s 4th Annual Paragraph IV Disputes Master Symposium, September 20, 2016.
Presenter, The Medicines Company v. Hospira, Inc. IPO Litigation Committee Meeting, August 19, 2016.
Presenter, Sweeping Developments in Patent Reform Agenda: The Innovation Act and the Patent Act—A Trial Lawyer’s Perspective, live webcast, The Knowledge Congress, May 16, 2016.