Key Experience

  • Chief focus is patent infringement litigation.
  • Represents innovative companies in a broad range of sectors, including life sciences, 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 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

  • Represented plaintiff 3M Company as lead counsel in a patent infringement dispute against competitor Kerr Corporation involving 3M’s innovative dental composite materials. After successive victories for 3M in connection with Markman proceedings and Daubert motions, the case settled in December 2019.
  • Represented plaintiff/complainant 3M Company as lead counsel in a three-patent dispute involving 3M’s ground-breaking shielded ribbon cable technology against Amphenol Corp. and related respondents. 3M filed a district court action in Delaware and an investigation before the ITC. Amphenol countered with four IPR petitions challenging 3M’s patents. Just weeks prior to trial, Amphenol entered into a consent order addressing all accused products and terminated the IPRs.
  • Represents Sorenson Communications and CaptionCall, LLC as lead counsel against primary competitor Ultratec/CapTel, Inc. in a series of district court, federal circuit and PTAB matters over Ultratec’s patents concerning telecommunications for the deaf and hard-of-hearing. The Akin Gump team took over this series of matters during the post-trial and appellate phases following two district court jury trials. Since then, in a series of nine IPRs, the PTAB found all of Ultratec’s asserted claims in the first trial unpatentable. The Akin Gump team also successfully challenged and rendered unpatentable all claims of three additional Ultratec patents asserted in subsequently-filed but stayed district court litigations.
  • Served as lead counsel to declaratory judgment defendant/counterclaim-plaintiff Openfolio against Albert Corporation in breach of contract, unfair competition, and misappropriation of trade secrets litigation concerning websites and applications for managing personal financial portfolios. Client Openfolio’s claims were among the first brought under the Defend Trade Secrets Act of 2016; the case settled favorably for the client in the midst of early, dispositive motion practice that would undercut all of Albert’s claims.
  • As lead counsel for 3M Company, was among the first to move successfully to dismiss a complaint for lack of venue based on the Supreme Court’s TC Heartland The plaintiff, Westech Aerosol, brought the case in the Western District of Washington and alleged infringement of patent claims directed to aerosol spray adhesive formulations. 3M responded to the complaint with dispositive motion practice and a petition for IPR challenging all asserted claims. The Court agreed with 3M’s argument that TC Heartland was an intervening change in controlling law and dismissed the complaint. Westech appealed the dismissal for lack of venue; the IPR is pending.

Speeches

Public Service and Affiliations

Recognition