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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 team and co-leader of the Alcohol & Beverage team, Mike represents clients in industries including biotechnology and pharmaceuticals, food and beverage products and processing, 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, 2014-2019; Intellectual Property Law, 2010
  • IP STARS, Managing Intellectual Property, 2016-2018, IP Star, 2018-2019
  • Missouri & Kansas Super Lawyers, Intellectual Property Litigation, 2012-2018
  • Martindale-Hubbell AV Preeminent

Education

  • J.D., University of Oklahoma College of Law
    • with high honors
    • Kerr-McGee Scholar
    • Oklahoma Law Review
  • The Queens College at University of Oxford
  • B.S., Oklahoma State University
    • with honors
    • Mechanical Engineering
    • 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 Associations and Memberships

  • 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 Case Study

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.
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).