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Michael F. Hurley is a partner in the law firm of McDermott Will & Emery LLP based in the New York office. As a member of the Intellectual Property, Media & Technology Department, Michael focuses his practice on intellectual property litigation, including cases involving patents, trademarks, copyrights and trade secrets, with a particular emphasis on patent litigation.
Michael’s practice involves counseling clients in a wide range of industries and technical disciplines, including biotechnology, medical devices, pharmaceuticals, electronics, consumer products, industrial materials and computer hardware and software.
In addition to patent matters, Michael has litigated cases concerning intellectual property licenses and inventors' rights, as well as actions involving antitrust, unfair competition, contract, and fraud claims. He has represented clients at the trial court level in both jury and non-jury suits and has defended clients in numerous appeals.
Michael is admitted to practice in the state of New York and before the U.S. Supreme Court, the U.S. Courts of Appeal for the Federal Circuit, the Third Circuit and the Eleventh Circuit, as well as U.S. District Courts across the country. He is a member of the American Bar Association, the New York State Bar Association, the International Intellectual Property Society and the New York Intellectual Property Association.
Representative Experience
Represented a bar code scanner manufacturer in two successful lawsuits against Symbol Technologies, Inc. involving patent license agreements. Obtained a defense judgment dismissing the case in a first suit before the U.S. District for the Eastern District of New York, which was upheld by the Second Circuit. In a second suit before the U.S. District Court for the District of New Jersey, obtained a multi-million dollar judgment for material breach of the license agreements.
Successfully represented a medical device manufacturer in a 35 U.S.C. § 146 proceeding against the U.S. Patent and Trademark Office. After final rejection by the Board of Patent Appeals and Interferences, secured a judgment of patentability on all counts from the U.S. District Court for the District of Columbia.
Represented an entertainment licensing company successfully in a copyright infringement and fraud suit against Mattel, Inc. After obtaining summary judgment rulings, the case settled on favorable terms.
Lead counsel for a multinational conglomerate in the successful defense of a patent suit concerning silicon carbide processing. All counts of the patent holder’s complaint for infringement were dismissed on summary judgment without appeal.
Lead counsel for electronics manufacturer in a patent case involving laser scanning technology.
Represented a Fortune 500 pharmaceutical company against a generic competitor, Apotex, Inc., in an ANDA patent infringement suit. Obtained favorable rulings on two interlocutory appeals as well as the final appeal to the Federal Circuit, which upheld the district court’s determination of patent infringement and validity.
Education:
Fordham University School of Law, J.D., 1986
University of Virginia, B.A., 1979 | 