Michael Simons’ practice focuses on IP litigation, including patent infringement, trade secret, trade dress and copyright litigation. Mr. Simons represents clients in litigation in federal and state courts across the country. His experience includes representation of—

• the largest beverage producer in the United States in patent and trade dress litigation against the second-largest beverage producer in the United States related to the protection of unique packaging design for premium, not-from-concentrate orange juice (Southern District of Texas)
• a large wire and cable manufacturer in patent infringement litigation against a major competitor related to technology used to impregnate commercial and residential building wire with lubricants designed to reduce friction during installation (Eastern District of Texas, and related cases in Northern District of Georgia)
• a film content producer in patent infringement litigation related to technology used to play videos and related content over the Internet (Eastern District of Texas)
• a large wire and cable manufacturer in patent infringement litigation against a major competitor related to technology used to manufacture metal-clad electrical cable (Eastern District of Texas)
• one of the largest medical device companies in the United States in patent infringement litigation related to angioplasty catheter curve design technology (Western District of Oklahoma)
• one of the largest specialty chemical companies in the United States in a trade secret case that involved process technology for manufacturing epoxy resin precursors (six-week jury trial in Harris County, Texas, resulting in one of the largest verdicts in the history of Harris County) (Houston, Texas)
• one of the largest medical device companies in the United States in patent infringement and breach of contract litigation related to medical devices used in spinal-fusion surgery (District of Colorado)
• one of the largest medical device companies in the United States in patent infringement litigation that involved aspiration catheter technology (Western District of Texas)
• one of the largest medical device companies in the United States in patent infringement litigation involving surgical devices used to repair vertebral compression fractures (Northern District of California)
• one of the largest homebuilders in the United States in copyright litigation related to plans used to build homes (Western District of Texas)
• one of the largest medical device companies in the United States in patent infringement and trade secret litigation that involved medical devices used to repair vertebral compression fractures in human spines (Western District of Tennessee)
• one of the world’s largest cellular telephone manufacturers in patent infringement litigation that involved LCD display technology (Eastern District of Texas)
• one of the largest banks in the United States in a fraud and conversion case wherein plaintiff claimed more than $450 million in damages (jury trial in Harris County, Texas, resulting in a defense verdict and an award of attorney’s fees to the bank)
• the largest tortilla manufacturer in the United States against charges of monopolization filed by 17 small tortilla manufacturers that claimed $84 million in damages (jury trial in the Southern District of Texas resulting in a directed verdict for the defense that was affirmed on appeal)
• an energy trading company in trade secret litigation that involved proprietary energy trading procedures and customer lists (successfully defended against attempts to obtain a temporary injunction in Harris County, Texas, and resolved the case without any cessation of business or payment of damages)
• an IT company that contracts with state governments to run educational payroll systems in an injunctive matter wherein it was accused of theft of trade secrets and hiring key employees from a competitor (successfully prevented the issuance of a temporary restraining order in Travis County, Texas, and resolved the case without any cessation of business or payment of damages)
• a major mutual fund company in an injunctive matter in the Southern District of Texas against a competitor that hired away the manager of a top-performing national mutual fund family
• an auto parts manufacturer against a competitor that hired away several key salespersons (obtained temporary and permanent injunction against defendant).

Mr. Simons received his B.A. from East Texas Baptist University in 1995 and his J.D. from Harvard Law School in 1998. He is a member of the State Bar of Texas, the Austin Bar Association and the Austin Young Lawyers Association. He is a member of the board of directors of Safe Place Austin and the board of directors of the Literacy Coalition of Central Texas. He is a founding fellow of the Austin Bar Foundation and a fellow of the Texas Bar Foundation.

Mr. Simons has been admitted to practice before all Texas state courts; the U.S. Court of Appeals for the Federal Circuit; the U.S. Court of Appeals for the 5th Circuit; and the U.S. district courts for the Western District of Texas, Eastern District of Texas, Northern District of Texas, Southern District of Texas, Western District of Tennessee, District of Colorado, Northern District of California and Northern District of Georgia.

Every year since 2006, Mr. Simons has been named a “Rising Star” in a survey of Texas lawyers designed to identify the top young lawyers in Texas.