Michael E. Flynn-O’Brien

Daedalus Blue LLC v. Microsoft Corp. (W.D. Tex.). Represented patent owner in patent infringement action against Microsoft relating to its Azure and SQL products. While the federal case was proceeding, Microsoft filed petitions for inter partes re-view and ex parte re-examination against the asserted patents. The parties then settled the full dispute with on favorable terms to Daedalus.

BiTMICRO LLC v. Intel Corporation (W.D. Tex / N.D. Cal.). Represented patent owner in patent infringement action against Intel Corporation relating to its NAND flash and FPGA products. The matter settled favorably after defeating several IPRs and before substantial fact discovery.

BitMICRO LLC v. KIOXIA Corporation, et al. (W.D. Tex.). Represented patent owner in patent infringement action against KIOXIA relating to its NAND flash memory products. The matter settled favorably after BDIP obtained orders requiring KIOXIA to produce worldwide sales data.

KI Metal Co., Ltd. et al. v. Michael Kors (USA), Inc. et al. (W.D. Tex.). Represented a family-owned manufacturer of metal accessories in a patent infringement action against Michael Kors relating to copying and use of KI Metal’s patented eyelets in handbags. The matter resolved favorably.

Johnstech International Corp. v. WinWay Technology Co. Ltd., et al. (N.D. Cal.). Represented a leading supplier of integrated circuit (IC) testing solutions, against claims of patent infringement in a four-patent case brought by competitor Johnstech. The matter resolved favorably.

Diatek Licensing LLC v. Udemy, Inc. (D. Del.). Represented publicly-traded online course provider against claims of patent infringement purportedly related to streaming video technologies

Theta IP LLC v. Samsung Electronics Corp., et al. (W.D. Tex.). Represented patent owner of battery savings patents invented by world-renowned Columbia Professor Yannis Tsividis, against Samsung in a patent infringement action in Waco, TX. After defeating Samsung’s dozen-plus dispositive motions, the firm achieved a favorable resolution of the case on the literal “eve of trial”.

Virentem Ventures, LLC d/b/a Enounce v. TiVo Corp., et al.: Represented patent owner in a patent infringement action related to the use of pitch-corrected audio in audio/audio-visual systems.

Certain Unmanned Aerial Vehicles & Components Thereof (Autel Robotics USA) (ITC) Represented complainant in a patent infringement action against DJI, the world’s largest supplier of consumer drones, at the International Trade Commission related to design, structure, and operation of consumer drones (or UAVs). Secured rulings of validity and infringement against DJI, as well as cease-and-desist and exclusionary orders prohibiting the import of DJI’s most popular products.

SZ DJI Technology Co. Ltd., et al. v. Autel Robotics USA LLC, et al. (D. Del.) Represented manufacture of consumer drones in a patent infringement case brought by competitor DJI, the world’s largest supplier of consumer UAVs, related to the design and structure of Autel’s products.

Certain Semiconductor Devices & Consumer Audiovisual Products (Broadcom) (ITC) Represented patent owner in a patent infringement case against several foreign companies (respondents) at the ITC related to multimedia data processing technology used in “smart” televisions and devices.

Amgen Inc., et al. v. Sanofi, et al. (D. Del.) Represented Sanofi in a patent infringement case related to monoclonal antibody therapies targeting PCSK9 for treating/lowering LDL cholesterol.

T-Mobile USA Inc. v. Huawei Device USA Inc., et al. Represented Huawei Technologies against allegations of trade secret misappropriation and breach of contract in the Western District of Washington (Seattle) related to a smartphone-testing robot (“Tappy”). At trial, convinced jury that T-Mobile’s trade secret allegations were meritless, or at least valueless, resulting in a jury verdict of zero damages for the trade secret claims.

Quintel Technology Ltd. v. Huawei Technologies USA, Inc., et al. Represented Huawei against allegations of trade secret misappropriation, breach of a contract (NDA), fraud, and correction of patent inventorship, and other claims in the Eastern District of Texas. Matter settled favorably in the middle of the jury trial.

SanDisk Corporation v. SK Hynix Inc. et al Represented SK Hynix against allegations of trade secret misappropriation in Santa Clara Superior Court (California) related to process technology used to manufacture NAND flash memory.

Confidential Counseling Matters: Semiconductors, Material Science, Consumer Devices Multiple representations: counseled leading semiconductor manufacturer regarding managing trade secret risks and liability with respect to potential joint-venture; counseled materials manufacturer regarding hiring and onboarding former executive of competitor; counseled consumer device manufacturer regarding recruiting and hiring sales staff from competitor.

Loka, Inc. v. Traveloka Group. Representing trademark owner in enforcing its registered LOKA trademarks against Traveloka Group regarding prospective use of LOKA in securities registrations.

Loka, Inc. v. Loka Labs, Inc. (N.D. Cal.). Represented trademark owner in enforcing its registered LOKA trademarks against Loka Labs, Inc. regarding uses of “Loka” in its corporate branding, on social media, and on its applications and websites. Matter resolved favorably before discovery.

Confidential Counseling. Counseled numerous clients regarding brand strategy, trademark applications, and disputes with parties in the same or adjacent industries, and negotiated resolutions.

Confidential Founder/Investor Disputes in Startups  Represented founders and investors in disputes with co-founders, investors, and former employers related to startups in the SaaS, big data, pharmaceutical, and mobile advertising industries. Disputes range from investment terms, management and control, vesting schedules, and more.

Retail and E-Commerce Clients: Website/Mobile App Accessibility Claims  Represented dozens of retail and e-commerce clients in addressing accessibility claims directed to their websites and mobile apps under the Americans for Disabilities Act (ADA) and its state law equivalents in California (Unruh), New York (NYHRL), and elsewhere.

Valero Refining Company-California v. Pacific Gas & Electric Company  Represented PG&E against allegations of breach of contract and demands for business interruption losses and damage relating to a power outage at refinery.

Confidential JAMS Arbitration: Web Technologies. Represented leading CPG marketing company in breach of contract dispute with competitor regarding web technologies.

Türkiye Petrolleri Anonim Ortaklığı (TPAO) Kazakhstan, ICSID Case No. ARB/11/2 Represented state-owned oil company in investment arbitration proceedings against the Republic of Kazakhstan under the ICSID convention.

United States of America v. Canada, LCIA Case No. 111790  Represented Canada in international arbitration proceedings initiated by the United States under the Softwood Lumber Agreement related to the mountain pine beetle infestation and timber pricing policy in British Columbia. Resulted in arbitration award for Canada on all claims.

RosInvestCo UK Ltd. The Russian Federation, SCC Case No. V079/2005  Represented UK investor in expropriation claim against the Russian Federation in BIT arbitration in Stockholm and Paris. Secured the first arbitration award holding that the Russian measures taken against the Yukos Oil Company amounted to unlawful expropriation.

Confidential Due Diligence of Investment Treaty Protections. Counseled companies and investors on investments in foreign countries, including analysis and evaluation of investment treaty protections and potential claims.