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Michael Simons

Michael Simons Partner, Intellectual Property

Michael Simons is an experienced first-chair trial lawyer who has tried numerous complex cases to jury verdict.  Michael focuses his practice on patent infringement litigation, but he has also handled other complex cases including trade secret, trademark, and trade dress cases. His cases focus on computer software and hardware, smartphones, vacation rentals and home-sharing, financial services, and medical devices.

Experience Highlights

  • (Fed. Cir.); (E.D. Tex.) — Represented a neurosurgeon in a trade secret and correction of inventorship case against one of the largest privately held, medical device companies in the United States; obtained a large jury verdict after a jury trial in the Eastern District of Texas; the verdict was affirmed by the Federal Circuit 
  • (W.D. Okla.) — Represented one of the largest medical device companies in the United States in a three-week jury trial of patent infringement claims related to angioplasty catheter design technology
  • (E.D. Tex.); (N.D. Ga.) — Represented 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
  • (Tex. – Harris County) — Represented one of the world’s largest chemical companies in the prosecution of a trade secret case in Houston that ended in a verdict that was identified by The National Law Journal as one of the 10 largest verdicts in America that year
  • (W.D. Tex.) — Represented a national cellular service provider in patent infringement litigation related to GPS technology used to generate maps on smartphones
  • (D. Del.) — Represented one of the world’s largest computer manufacturers in patent infringement litigation related to technology designed to improve processing systems and the communication among processors, coprocessors, and memory
  • (Tex. Dist. – Harris Cnty.) — Represented one of the largest banks in the United States in a fraud and conversion case wherein the 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)

Patent Infringement

  • (E.D. Tex.) — Represented one of the world’s largest computer manufacturers in patent infringement litigation related to Bluetooth technology
  • (E.D. Tex.) — Represented a television content producer in patent infringement litigation related to technology used to play videos and related content over the Internet 
  • (E.D. Tex.) — Represented a national wire and cable manufacturer in patent infringement litigation against a major competitor related to technology used to manufacture metal-clad electrical cable
  • (D. Colo.) — Represented 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 
  • (W.D. Tex.) — Represented one of the largest medical device companies in the United States in patent infringement litigation that involved aspiration catheter technology 
  • (N.D. Cal.) — Represented one of the largest medical device companies in the United States in patent infringement litigation involving surgical devices used to repair vertebral compression fractures
  • (W.D. Tex.) — Represented one of the largest banks in the United States in patent infringement litigation involving technology used to generate, present and manage content for online banking services
  • (W. D. Tenn.) — Represented 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
  • (E.D. Tex.) — Represented one of the world’s largest cellular telephone manufacturers in patent infringement litigation that involved LCD display technology

Trade Secrets

  • (Tex. Dist. – Harris Cnty.) — Represented 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)
  • (Tex. Dist. – Travis Cnty.) — Represented 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)
  • (S.D. Tex.) — Represented 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
  • (Tex. Dist. – Travis Cnty.) — Represented an auto parts manufacturer against a competitor that hired away several key salespersons (obtained temporary and permanent injunctions against defendant)

Complex Commercial Litigation

  • (5th Cir.); (S.D. Tex.) — Represented 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)
  • (D. Colo.) — Represented one of the largest medical device companies in the United States in antitrust litigation related to medical devices used in spinal-fusion surgery (obtained dismissal of plaintiff’s claims through a motion for summary judgment one month before trial)
  • (Cal. Super. – San Francisco Cnty.) — Represented one of the largest online vacation rental companies in the world in a dispute with a nonprofit housing rights organization that challenged the legality of certain vacation rentals in the city of San Francisco (obtained dismissal of plaintiff’s claims through a motion to dismiss)
  • (N.D. Cal.) — Represented one of the largest online vacation rental companies in the world in a dispute with a major United States city over the legality of the vacation rental business within the city
  • (D. Or.) — Represented one of the largest online vacation rental companies in the world in a dispute with a major United States city over the legality of the vacation rental business within the city

Trademark / Trade-Dress and Copyright Matters

  • (W.D. Tex.) — Represented one of the largest online vacation rental companies in the world in a trademark and unfair competition case against a major competitor who launched a national advertising campaign that utilized images and branding that was confusingly similar to core elements of the client’s logo and branding
  • (S.D. Tex.) — Represented 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 a unique packaging design for premium, not-from-concentrate orange juice
  • (W.D. Tex.) — Represented one of the largest online vacation rental companies in a copyright case involving images used to advertise online vacation rentals 
  • (W.D. Tex.) — Represented one of the largest homebuilders in the United States in copyright litigation related to plans used to build homes

Contact Details

Austin

T +1.512.542.8420
F +1.512.236.3250
msimons@velaw.com
2801 Via Fortuna
Suite 100
Austin, TX 78746-7568
Local time: 8:55 AM
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Michael's Practices

  • Harvard Law School, J.D., 1998
  • East Texas Baptist University, B.A. Communication, General, 1995
  • Admitted to practice: Texas
  • Legal 500 U.S., Venture Capital and Emerging Companies
  • IAMPatent 1000: The World’s Leading Patent Practitioners, Patent Litigation (Texas), 2015
  • Law360, Rising Star, 2011
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2013−2015
  • Selected to the Rising Stars list, Super Lawyers (Thomson Reuters), 2006−2013
  • Board of Directors: Safe Place Austin (Member: 2009−present; Past Treasurer: 2012−2015, Vice Chair: 2016)
  • Board of Directors: Literacy Coalition of Central Texas (Member: 2008−present; Past Treasurer: 2010−2013; Chair: 2014−2016)
  • Board of Directors: Harvard Club of Austin (Member: 2015−present; Treasurer: 2015−present)
  • Founding Fellow: Austin Bar Foundation
  • Fellow: Texas Bar Foundation