Michael E. Flynn-O’Brien
Michael Flynn-O’Brien represents technology companies in complex technical and intellectual property disputes involving claims of trade secret misappropriation, patent infringement, unfair competition, and breach of contract. He has litigated cases in state, federal, and arbitral venues around the country, in matters relating to robotics, drones (or UAVs), semiconductors (memory, ethernet, among others), mobile devices, internet gaming, web technologies, server systems, and enterprise security software. In litigating these cases, he draws from seven years of prior experience as a software developer in web-stack technologies.
Michael also assists retail and e-commerce clients address accessibility claims directed to their website and mobile apps under the Americans for Disabilities Act (ADA) and its state law equivalents in California (Unruh), New York (NYHRL), and elsewhere.
Michael also assists various clients with business litigation and arbitration, with particular emphasis on complex technical disputes, breach of contract, and cross-border investments. In that capacity, he has represented companies, investors, and sovereign states in proceedings around the world, including at the World Bank’s International Centre for Settlement of Investment Disputes (ICSID), London Court of International Arbitration (LCIA), the Stockholm Chamber of Commerce (SCC), the American Arbitration Association (AAA/ICDR), and the Judicial Arbitration and Mediation Services (JAMS) in San Francisco.
Michael has been named a “Rising Star” in Intellectual Property Litigation by Super Lawyers for each of the past six years (2015, 2016, 2017, 2018, 2019, 2020). The annual list selects only 2.5% of the lawyers in the Northern California region based on peer reviews and the publication’s independent research.
Michael enjoys flying drones with his 7-year old daughter, and hiking/camping throughout California.
- Rising Star in IP Litigation (2015, 2016, 2017, 2018, 2019, 2020), Super Lawyers
- Columbia Law School, J.D., Harlan Fiske Scholar, 2009
- Rice University, B.A. Economics, 2002
- New York
- District of Columbia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, Northern District of California
- U.S. District Court, Eastern District of California
- U.S. District Court, Central District of California
- U.S. District Court, Eastern District of Texas
Autel Robotics USA LLC v. SZ DJI Technology Co. Ltd., et al. Represented Autel Robotics in a patent infringement case at the International Trade Commission against the SZ DJI Technology Co. Ltd. and seven related entities (known as “DJI”), the world’s largest maker of consumer drones. At trial and before the full Commission, secured rulings of validity and infringement on behalf of Autel, as well as cease-and-desist and exclusionary orders prohibiting the import or sale of DJI’s most popular products.
SZ DJI Technology Co. Ltd., et al. v. Autel Robotics USA LLC, et al. Represented Autel Robotics in a patent infringement case in the District of Delaware related to consumer drones (or UAVs). The patents (design and utility) related to the design, structure, and operation of the accused drones. Case remains pending.
T-Mobile USA Inc. v. Huawei Device USA Inc., et al. Represented Huawei against allegations of trade secret misappropriation and breach of contract related to a smartphone-testing robot in the Western District of Washington (Seattle). 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, correction of patent inventorship, and other claims in the Eastern District of Texas. Matter settled favorably in the middle of the jury trial.
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 equipment damage relating to a power outage at Valero’s oil refinery in Benicia, California.
Certain Semiconductor Devices and Consumer Audiovisual Products Containing Same. Represented Broadcom in a patent infringement case at the International Trade Commission against MediaTek Inc., MStar Semiconductor Inc., and other respondents related to multimedia data processing technology.
Amgen Inc., et al. v. Sanofi, et al. Represented Sanofi in patent litigation in the District Court of Delaware regarding anti-PCSK9 monoclonal antibody patents relating to lowering LDL cholesterol.