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“Mike did a great job on our trademark infringement case! He was a real pleasure to watch in court, and he is really good at it.”

Donn Lux, Chairman and CEO, Luxco Inc.

Overview

Mike takes a holistic approach, digging deep to understand the totality of circumstances surrounding each case and the specific impact on a client’s existing business and future plans.

With 25-plus years’ experience in intellectual property consultation and litigation, Mike protects critical assets and business information for clients nationwide. His pragmatic approach involves partnering with clients to thoroughly evaluate cases and, when possible, avoid disputes – and the courthouse – altogether.

Mike advises clients on patent infringement, trade secret misappropriation, trademark and service mark infringement, unfair competition and false advertising claims. Leader of the firm’s Animal Health & Production team and co-leader of the Alcohol & Beverage team, Mike represents clients in industries including biotechnology and pharmaceuticals, food and beverage products and processing, cannabis and industrial hemp, agricultural and construction equipment, building materials, consumer products, fashion and apparel, electronics and telecommunications.

His primary focus is defending and prosecuting claims of trade secret misappropriation and patent infringement and validity in the civil courts, as well as post-grant proceedings before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO). Mike also has substantial experience before the Trademark Trial and Appeal Board (TTAB) in opposition, cancellation and contested concurrent-use proceedings. He also has experience with alcohol beverage labeling regulations through the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Department of Treasury.

“Mike did a great job on our trademark infringement case! He was a real pleasure to watch in court, and he is really good at it.”

Donn Lux, Chairman and CEO, Luxco Inc.


Industries

Services

Recognition

  • The Best Lawyers in America, Commercial Litigation, Litigation-Intellectual Property, Litigation-Patent, 2014-2021; Intellectual Property Law, 2010
  • IP STARS, Managing Intellectual Property, 2016-2018, IP Star, 2018-2019, Trade mark star and Patent star - Missouri, 2019
  • Missouri & Kansas Super Lawyers, Intellectual Property Litigation, 2012-2019; Top 50 St. Louis, 2019
  • Martindale-Hubbell AV Preeminent

Education

  • J.D., University of Oklahoma College of Law
    • with high honors
    • Kerr-McGee Scholar
    • Oklahoma Law Review
  • The Queen's College, Oxford
  • B.S., Oklahoma State University
    • Mechanical Engineering
    • with honors
    • Pi Tau Sigma
    • Tau Beta Pi

Admissions

  • Missouri
  • Illinois
  • Oklahoma
  • U.S. District Court, Northern District of Illinois (Trial Bar)
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Eastern District of Missouri
  • U.S. District Court, Western District of Missouri
  • U.S. District Court, Eastern District of Oklahoma
  • U.S. District Court, Northern District of Oklahoma
  • U.S. District Court, Western District of Oklahoma
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Federal Circuit

Professional Memberships and Certifications

  • American Bar Association: Intellectual Property Litigation Committee, Trade Secrets and Interferences with Contract Committee, IPR Practice Committee, and Advisory Board
  • American Intellectual Property Law Association, IP Insurance and Trade Secret Subcommittees
  • Illinois State Bar Association
  • Licensing Executive Society, St. Louis Chapter Founder; Chair, 2013-2014; Education Chair, 2015
  • The Missouri Bar
  • Oklahoma Bar Association
  • PTAB Bar Association; Ex Parte Appeals Committee
  • St. Louis Agri-Business Club
  • United States Animal Health Association
Featured Experience

Patent Claims Invalidated in First-Ever Post-Grant Review

In a case that would have put the client out of business if found meritorious, Mike and his team took a novel approach to defend patent infringement claims. They represented the American Simmental Association (ASA) in the U.S. District Court for the District of Colorado in a case involving a method of using genetic merit data to determine the relative value of livestock.

The team obtained dismissal for ASA in the litigation and petitioned the U.S. Patent and Trademark Office (USPTO) to re-evaluate the validity of patents in post-grant proceedings. At the time, this review process was untested. The Patent Trial and Appeal Board granted the petitions and issued the first-ever post-grant review final decisions invalidating the patents.


Additional Experience
  • Obtained summary judgment of noninfringement in patent infringement case on behalf of Reward Wall Systems Inc. in U.S. District Court, District of Nebraska; subsequently affirmed on appeal by Federal Circuit Court of Appeals.
  • Obtained judgment of infringement and permanent injunction in U.S. District Court, Eastern District of Missouri, on behalf of Luxco Inc. against competitor's use of Tovaritch for vodka and confirmed TTAB cancellation of competitor's federal trademark registration.
  • Obtained multiple judgments and permanent injunctions on behalf of Holten Meat Inc. in trademark infringement and unfair competition actions in U.S. District Courts in both Illinois and Texas for competitors' use of "Thick n Juicy" to brand meat products.
  • Obtained dismissal for Doyle Equipment Manufacturing Co., maker of farm implements and road construction equipment, in patent infringement case in U.S. District Court, Southern District of Iowa, involving agricultural implement technology.
  • Advised distillery on pivoting toward hand sanitizer production amid the COVID-19 pandemic.
  • Obtained motion to dismiss in U.S. District Court, Central District of Illinois, on behalf of one of nation's largest ethanol producers, dismissing our client from trade secrets misappropriation lawsuit after presenting unrebutted evidence proving a lack of personal jurisdiction. Court found arguments persuasive, indicating "Plaintiff has done little other than show that some subsidiaries do some business in the state, which courts have repeatedly affirmed is not enough." Dismissal allowed our client to avoid significant additional time, effort and expense associated with a lengthy discovery process.
Articles | April 10, 2019
Thomson Reuters Westlaw: Be careful what you ask for: Unjust enrichment in trade secret misappropriation

Mike Annis and Jonathan Schmalfeld write about a notable 2018 decision of particular note from the Federal Circuit Court of Appeals.

Articles | July 26, 2018
IPWatchdog: For Design Patent Owners (and Alleged Infringers), The Third Time is Not a Charm

Michael Annis and Myers Dill discuss how well-crafted design patents can offer broad protections against even slight infringements by competitors.

News Releases | August 15, 2019
Husch Blackwell Places 143 Lawyers in 2020 BL Rankings' Best Lawyers in America®

The firm has eight "Lawyers of the Year" and 11 attorneys appearing on the list for the first time.

Media Mentions | June 10, 2019
St. Louis Business Journal: St. Louis lawyer advises marijuana brand protection — if you can get it

Mike Annis discusses the importance of trademark protection for those in the medical marijuana industry with the St. Louis Business Journal's Greg Edwards.

News Releases | February 26, 2019
Husch Blackwell Prevails in Third Straight IPR for Cascades

PTAB had previously determined that Essity’s asserted patents were invalid because their claims were anticipated by prior art or obvious.

News Releases | November 14, 2018
Thomson Reuters' Missouri & Kansas Super Lawyers and Rising Stars 2018 Names 58 Husch Blackwell Attorneys

Husch Blackwell has 58 attorneys in the 2018 edition of Missouri & Kansas Super Lawyers and Rising Stars.

News Releases | August 15, 2018
Husch Blackwell Places 143 Lawyers in 2019 BL Rankings' Best Lawyers in America®

The Best Lawyers in America® has listed 143 Husch Blackwell attorneys in its 2019 directory. The firm has eight "Lawyers of the Year" and five attorneys appearing on the list for the first time.

Media Mentions | March 19, 2018
Danforth Center Roots and Shoots Blog: Venture Cafe Night - Going Global

Matt Diehr and Mike Annis discuss trade secrets and information protection programs at National Ag Day program focusing on innovation.

Outside the Office

Mike spends much of his free time with his wife and daughter, usually in some outdoor pursuit. As a family, they enjoy traveling and quality time together. When Mike is not with his family, he spends “a reasonable amount” of time enjoying golf, including serving on the golf tournament planning committees for a few of the charities of which he is fortunate enough to be a part.

Community Leadership
  • Queen of Peace Center, Board of Directors, Golf Tournament Committee
  • Make-A-Wish Foundation of Missouri, Golf Tournament Executive Committee
Animal Health

As leader of the firm's Animal Health team, Mike handles licensing and related disputes, allegations of patent validity and infringement, trademark infringement and false advertising claims.

He represents breed associations, breeders, manufacturers and veterinarians in patent-related disputes and develops information protection programs for clients to protect their proprietary data and information. Through his work in the industry, he has developed deep knowledge of animal health science issues, including DNA, genetics, genomics, reproduction and medicine, along with regulations promulgated by the Food and Drug Administration (FDA) and U.S. Department of Agriculture (USDA).

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