Key Experience

  • Chief focus is patent infringement and trade secret litigation.
  • Represents innovative companies in a broad range of sectors, including life sciences, medical devices, engineering, consumer products and communications.
  • His trial practice includes matters in district courts across the country and before the International Trade Commission (ITC).
  • Michael is candid with his clients at every phase of a dispute, ensuring that they make informed decisions at critical junctures.

Practice

Building upon long-term relationships of trust, Michael Kahn is called upon to take the lead on business-critical matters involving intellectual property (IP). Michael carefully and efficiently evaluates and addresses patent infringement and trade secret claims in the context of his clients’ market position and business goals. Working closely with in-house IP lawyers, litigators and general counsel, he wields his substantial skill as a strategist to manage complex cases to successful business resolutions or trial wins. 

Representative Work

  • Represents Boston Scientific as lead counsel in a series of multi-front patent and trade secret litigations against Nevro Corp. relating to spinal cord stimulation technology in the district of Delaware. The cases involve affirmative patent and trade secret claims asserted by Boston Scientific, counterclaims for patent infringement asserted by Nevro and parallel petitions for inter partes review before the PTAB.  The first jury trial in the series of matters occurred in October 2021 where the jury found that Nevro directly infringed one Boston Scientific patent and induced its manufacturer to infringe a second patent directed to spinal cord stimulation technology and awarded $20 million to Boston Scientific.
  • Represents 3M Company in a series of enforcement matters concerning fraudulent offers for sale and counterfeit sales of goods misbranded as 3M personal protective equipment, including its notorious N95 respirators. This includes securing a victory for 3M in the Central District of California, obtaining a default judgment and permanent injunction, along with other relief against a company selling of counterfeit personal protective equipment (PPE), including N95 respirators.
  • Represents 3M in defense of a three-patent patent infringement case filed by BD Technology Partners in the District of Minnesota. The technology relates to smart air filter patents. The case is in the early stages of litigation.
  • Represents Endava Inc. and Comtrade Digital Services Ltd. (an Irish sister company of Endava) in defense against allegations brought by Plusgrade, Inc. related to an airline seat upgrade platform. Plusgrade filed a complaint in the Southern District of New York alleging copyright infringement, a Lanham Act violation, misappropriation of trade secrets under the DTSA and New York common law, unfair competition and tortious interference.

Speeches

Public Service and Affiliations

Recognition