Michael P. Adams
Shareholder
Austin
401 Congress Avenue
Suite 2100
Austin, Texas 78701
512.370.2858 Direct
512.370.2850 Fax
madams@winstead.com
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Profile

For more than 20 years, Michael Adams has specialized in patent, trademark, copyright and trade secret law, with an emphasis on the procurement, licensing and litigation of intellectual property rights. His practice has focused on those intellectual property issues arising in the following industries: computer, semiconductor, electronics, software and internet. Michael has participated in patent infringement trials before the U.S. District Court for the Western District of Texas (Austin Division) and the Eastern District of Virginia and an appeal to the U.S. Court of Appeals for the Federal Circuit.

Representative Experience

Litigation

  • One of the trial counsel representing the defendant in a patent infringement and trade secret misappropriation case involving cell phone power amplifier circuitry. The jury ruled in favor of the defendant on almost all patent and trade secret allegations, and awarded zero damages to the plaintiff.
  • Lead counsel for the defendant in a software patent infringement suit. In response to defendant's non-infringement arguments, plaintiff voluntarily dismissed its suit before defendant filed its answer.
  • On the trial team that represented the defendant in a patent infringement suit involving thin film transistors and active matrix displays. After a bench trial, the District Court ruled the plaintiff's patent was unenforceable for inequitable conduct. On appeal, the Federal Circuit affirmed the District Court's decision.
  • Lead counsel for one of the defendants in a state court trade secret case. The case settled under terms that were very favorable to defendants, including a lack of restrictions placed on the marketing or sale of defendants' patent software products.
  • Served as co-counsel for the defendants in a software patent infringement case. At trial, the jury concluded that the current software release did not infringe and limited the damages on prior releases to well below the amount requested by the plaintiff. On appeal, the Federal Circuit vacated the judgment on the prior releases and remanded the case to the District Court for further determination regarding defendants' invalidity arguments.
  • Counsel for defendants in a patent infringement suit involving CRM internet technology in Eastern District of Texas, and for plaintiffs in parallel suit in Southern District of California. The case settled very favorably to clients.
  • Brought in as co-lead trial counsel for defendants in a patent infringement case in which infringement had been found prior to our involvement. At trial, damages were limited to $53,000.
  • Involved in Texas Attorney General, Civil Investigative Demand regarding copyright protection of client's land title evidence plant and associated software. The matter was settled.
  • Lead counsel in trademark cases in U.S. district courts and before the U.S. Trademark Trial and Appeal Board.

Licensing

  • Responsible for drafting and negotiating several license agreements for high-end computer software; these agreements have involved parties such as software companies, semiconductor companies, retailers, retail management companies and oil companies.
  • Responsible for drafting and negotiating numerous agreements involving other intellectual property transactions, including acquisition and development agreements.

Procurement

  • Drafted and prosecuted numerous utility patent applications pertaining to semiconductors, software, electronics, medical devices, transportation products, retail products and related technologies.
  • Drafted and prosecuted design patent applications for retail products.
  • Drafted and prosecuted numerous trademark applications for clients in the semiconductor, software, electronics, medical device, retail products, restaurant and other related industries.
  • Drafted and prosecuted copyright applications.
Industries
Bar Admissions
  • Illinois, 1988
  • Texas, 1989
  • U.S. District Court, Western District of Texas
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Patent and Trademark Office
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Texas
Languages
Education
Chicago-Kent College of Law
  • J.D., 1988
  • Dean's List
Purdue University
  • B.S., Electrical Engineering, 1985
  • Phi Eta Sigma Honor Society
  • Dean's List
Professional & Community Involvement
  • Austin Bar Association (Technology and Computer Law Section)
  • American Intellectual Property Law Association
  • Austin Intellectual Property Law Association (Past Chairman, Outstanding Inventor Award Committee)
Awards & Recognition
  • Best Lawyers in America, 2011-2012
Presentation Topics