V&E logo


 
Home > Lawyers > Michael A. Valek

Michael A. Valek

Experience     |     Education     |     Recognition     |     Activities      |     Publications

Valek, Michael A.

Biography
Michael’s principal area of practice is patent litigation. He has assisted in the successful representation of clients in a variety of fields, including computer software in a variety of different applications, polymer chemistry, biochemistry and protein engineering, mechanical devices, and wind turbine generators. His litigation experience includes trial and Markman proceedings, preliminary injunction and summary judgment hearings, formulation of claim construction and litigation strategy, examination of both expert and fact witnesses, and preparation of expert reports. Prior to joining Vinson & Elkins, Michael served as law clerk to The Honorable Timothy B. Dyk of the U.S. Court of Appeals for the Federal Circuit.

In addition to his legal practice, Michael is an active participant in the intellectual property law bar. He currently serves as a member by invitation of the amicus committee for the Intellectual Property Law Section of the American Bar Association and co-authored amicus briefs on behalf of the American Bar Association in several important patent cases, including both In re Seagate and Therasense. In addition to his work for the American Bar Association, Michael has authored several publications related to patent litigation, including a chapter on willful infringement in a patent litigation treatise.

He was recognized in Texas Monthly as a Rising Star in 2008 - 2011.


Representative Experience
View All
  • Successfully co-led the argument in a preliminary injunction hearing on behalf of the defendants in a patent infringement case relating to engineered enzymes used in industrial processes; the judge ruled in favor of Defendants holding that the patentee had failed to establish all four of the requirements for injunctive relief.
  • Part of the team that tried a week-long patent infringement case relating to wind turbine clean-energy technology on behalf of the patentee, a Fortune 50 company, before the International Trade Commission; after a full trial and extensive briefing, the ALJ found a violation of two of the three patents-in-suit, found that the third patent-in-suit was both infringed and valid, and recommended that the Commission issue an order excluding Respondents from further importation of the accused wind turbines
  • Successfully argued the Markman hearing on behalf of the patentee in a three patent infringement case before the Court for the Western District of Wisconsin; the judge ruled in favor of the patentee on every single disputed claim term and later, following several rounds of vigorously-disputed briefing, granted the patentee’s motion for summary judgment of infringement on all three patents; the case subsequently settled on favorable terms
Prior results do not guarantee a similar outcome.

Education and Professional Background
  • The University of Texas School of Law, J.D. with high honors, 2003 (Chancellor-at-Large; Order of the Coif; Staff Editor, Texas Intellectual Property Law Journal)
  • University of Arizona, B.S. Biochemistry summa cum laude, 2000 (Phi Beta Kappa; Flinn Foundation Scholar; National Merit Semi-finalist)
  • Judicial clerk to The Honorable Timothy B. Dyk, U.S. Court of Appeals for the Federal Circuit, 2003 - 2004
  • Admitted to practice: Texas, 2004; United States Patent and Trademark Office; Court of Appeals for the Federal Circuit; U.S. District Courts for the Eastern and Western Districts of Texas and the Western District of Wisconsin
Professional Recognition
  • Recognized in Texas Rising Stars, 2008 - 2011
Activities and Affiliations
View All
  • Amicus Committee Member: Intellectual Property Law Section of the American Bar Association
  • Member: American Intellectual Property Law Association. Committee Leadership: Young Lawyer's Committee (former co-chair, former chair Giles S. Rich Moot Court subcommittee; Watson Writing Competition Judge); Mentoring Committee (mentor)
  • Member: Austin Intellectual Property American Inn of Court
Publications and Presentations
View All
  • “Inequitable Conduct after Therasense,” Austin Intellectual Property Law Association, August 2011 (presenter)
  • “Chapter 26: Willful Infringement,” Patent Litigation Strategies Handbook (3d ed. 2010) (co-author)
  • “Litigating Willful Infringement in the Post-Seagate World,” LANDSLIDE (an ABA IP section publication), January/February 2009 (co-author)


<< Back to Top

Site Map    Contact Us    Extranet    Disclaimer & Legal Notice     ©1999-2012 Vinson & Elkins LLP

Full Biography
Print Page

Michael A. Valek
Partner
2801 Via Fortuna
Suite 100
Austin, TX 78746-7568

Tel  +1.512.542.8807
Fax  +1.512.236.3284
mvalek@velaw.com

Industries/Practices
Intellectual Property Counseling

Intellectual Property Litigation