Brian R. Michalek

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Overview

Brian Michalek helps companies protect their technological innovations, advances and brand reputation through his intellectual property law practice. As a patent litigator, he has advised clients on a variety of disputes involving software-based technologies, wireless transactions and communications, medical devices, and plastic extrusion technology.

Brian also prepares and argues trial and discovery motions and conducts direct and cross-examination of lay and expert witnesses. He takes and defends fact, expert and third-party depositions. Brian drafts and prepares complaints, answers, counterclaims, affirmative defenses, and other pleadings, and manages and coordinates discovery.

Brian, who has a bachelor's degree in electrical engineering, also assists clients in patent transactions and licensing, patent prosecution, and opinion matters.

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He drafts, negotiates, and executes patent, trade secret, and trademark purchase and technology transfer license agreements. Brian also drafts patent applications and prosecutes patents before the U.S. Patent and Trademark Office (USPTO) for Fortune 100 companies, universities and solo inventors in various technology areas including wireless communications, wireless connectivity, semiconductors, microelectronics, software and data-driven applications. He also develops and structures patent licensing programs and negotiates licensing deals in various technology spaces including the 802.11n wireless Internet standard, organic light-emitting diodes (OLED).  He also conducts and analyzes patent essentiality determinations and negotiates licensing agreements in accordance with fair, reasonable and nondiscriminatory (FRAND) practice.