Michael Joseph Powell

Michael ("Mike") J. Powell helps clients and counsel navigate the complexities and costs associated with intellectual property matters.  Having practiced IP law since 1991, his extensive experience includes representing businesses in litigation and transactional matters involving patent, trademark, trade dress, copyright, trade secret, unfair competition, false advertising, antitrust and related issues.  Mr. Powell is a registered patent attorney, a frequent lecturer on IP issues, and a registered IP mediator.  Using knowledge, skills, and resources acquired over many years, Mr. Powell’s clients engage his firm’s services to simplify complex IP matters, reduce costs associated with IP issues, and avoid unnecessary litigation when possible. 

Representative IP Mediation and Litigation Experience

·        Trademark and Copyright Litigation - Successfully mediated resolution of federal case involving an alleged $30M damages based on claims of secondary trademark and copyright infringement liability.

·        Manufacturing Patent Litigation - Counsel to international refrigeration hardware and food services equipment manufacturer in patent infringement litigation against competitor.   Successfully mediated resolution of case including agreed upon injunctive relief.

·        NPE Patent / Antitrust Litigation - Counsel to defendant accused by captive NPE of infringing patents with antitrust counterclaims against NPE and its parent.   Successfully mediated case resulting in narrowing of issues and dismissal of patent claims.

·        Copyright Litigation - Consulting expert for customer relationship management (CRM) software owner in U.S. District Court case for infringement, breach of contract, and conversion.  Successfully mediated resolution.

·        Patent, Trademark, and Trade Dress Litigation - Counsel to international food container manufacturer enforcing patent, trademark and trade dress rights against competitor in U.S. District Court.  Successfully negotiated and obtained court-ordered injunctive relief.

·        Computer Hardware and Software Patent Litigation - Defended subsidiary of publicly-traded company against patent infringement claims concerning wireless thin client technology.  Successfully negotiated and obtained dismissal of claims.

·        Trade Secret Litigation  - Defended information technology (IT) consulting firm against claims that client had stolen trade secrets after client replaced competitor on multi-million dollar maintenance and upgrade of utility software and systems. Obtained dismissal. Affirmed by U.S. Court of Appeals. See Southern Nuclear Operating Company, Inc. v. Electronic Data Systems Corporation v. Computer Technology Solutions, Inc., 273 . 834, 2008 WL 1700204 (11th Cir. 2008).

·        Semiconductor Patent Litigation - 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).  Successfully obtained dismissal of U.S. District Court case following multiple mediations.

·        Electronics Patent Litigation - 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. Successfully conducted negotiations and obtained dismissal of U.S. District Court case.

·        Retail Patent Infringement Litigation - Counsel to national retailers (restaurant chain, electronics retail store, office supply retail store) defending against patent infringement claims 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). Successfully negotiated settlement agreements and obtained dismissals of U.S. District Court case(s).

·        Retail Copyright Infringement Litigation - Defended national department store retailer and product supplier against allegations of infringing copyright and engaging in unfair competition.  Obtained dismissal of allegations.

·        Manufacturing Unfair Competition Litigation - Defended North American vehicle parts manufacturer against competitor's claims of unfair competition (trade dress), theft of trade secrets and unjust enrichment in Ohio state court.  Successfully narrowed issues in dispute through mediation, conducted further negotiations, and obtained dismissal.

·        Nitrile Glove Patent Litigation - Defended multiple glove manufacturers against allegations of patent infringement before the International Trade Commission and the U.S. District Court for the Northern District of Georgia.   Successfully negotiated settlement agreements resulting in terminations of investigations and dismissals of court claims.

·        Construction/Copyright Litigation - Consulting expert to litigation counsel for hotel owner accused, in construction dispute, of infringing architect's copyright in breach of contract for use of architectural drawings and specification after architect was terminated for cause.  Obtained settlement.

·        Non Profit IP Litigation - Defended 501(c)(3) organization against conversion and misappropriation of IP claims in trial, appellate and bankruptcy courts.  Obtained court-ordered dismissals following multiple efforts to mediate resolution. 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. OLMC, Inc. 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).

·        False Marking/Deceptive Trade Practices Litigation - Counsel to exclusive patent licensee in infringement, false marking, and deceptive trade practices case. Obtained court-ordered injunctive relief and damages. 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).