Michael V. Battaglia
Primary Areas of Practice
Michael Battaglia’s ("Mike") practice includes a wide range of intellectual property issues, including patent and trademark issues. His patent experience includes post-grant patent proceedings (e.g., inter partes reviews and ex parte reexaminations), patent litigation, opinion work (e.g., freedom to operate and due diligence), preparation and prosecution of U.S. patent applications, and oversight of the prosecution of foreign counterpart applications. He also has broad experience handling design patent, trademark, and copyright matters.
With an undergraduate degree in electrical engineering, Mike works primarily in the electrical, computer hardware, computer software, telecommunications, and biotechnology fields, but has experience working in the business method and mechanical fields as well. The bulk of his work involves patent application drafting and prosecution both in the U.S. and abroad.
Mike brings to his clients the special and immensely valuable benefit of six years of firsthand experience in the U.S. Patent and Trademark Office (USPTO) as a patent examiner. Thanks to this background, he understands the way examiners think and evaluate patent applications, and how the agency expects them to apply regulatory standards. He works with examiners in a collaborative fashion that feels more like he is helping the examiner, rather than being perceived as an adversary. This perspective informs every aspect of his work, and really can only be obtained from time spent working inside the USPTO. Mike works to fully understand the intricate details of an invention and is particularly skilled at building application strategies to achieve broad protections.
In his work, Mike is exceptionally detail-oriented and thorough. He thinks of himself as a problem-solver and tactician, seeking the best way to navigate intellectual and practical challenges through a combination of curiosity and creativity to arrive at solutions others might not see.
In building relationships with clients, he employs the patient approach of demonstrating that he does great work, is trustworthy, and above all, delivers results. Overpromising is not his style – he is easygoing, steady, does what he says he’ll do, and lets the results speak for themselves.
In addition to his traditional legal work, Mike is also the author, producer, and voice of a new patent-oriented podcast, The People’s Patent Podcast. Aimed toward newcomers to the field of intellectual property, the series will offer an immediately useful, entry-level introduction to patent law for young companies, startups, or anyone who wants to learn the basics of the U.S. patent system. Mike also serves on the Board of Directors of the Association of Intellectual Property Firms (AIPF).
Representative Patent Litigation
Cypress Semiconductor Corp. v. LG Electronics, Inc.
LG Electronics, Inc. et al. v. Toshiba Samsung Storage Technology Corp. et al.
Toshiba Samsung Storage Technology Korea Corporation v. LG Electronics, Inc. et al.
MyPort IP, Inc. v. HTC Corp. et al.
Parallel Networks, LLC v. Abercrombie Fitch et al.
TV Interactive Data Corp. v. Sony Corp. et al.
Representative Inter Partes Review (IPR) Proceedings
Reexamination No. 90/012,379
Reexamination No. 90/012,876
Reexamination No. 90/012,878
Reexamination No. 95/001,051
Reexamination No. 95/001,912
Reexamination No. 95/001,914
Speaker at the AIA Post-Grant Patent Practice Conference hosted by Bloomberg BNA and the International Intellectual Property Institute on February 19-20, 2014 (gave presentation regarding Supplemental Examination and Ex Parte Reexamination).
- Appellate Litigation
- Design and Trade Dress Counseling
- Ex Parte Reexaminations
- Inter Partes Review (IPR) and Post Grant Review (PGR)
- International Filings
- Licensing and Transactions
- Opinions, Freedom to Operate, and Patentability Analysis
- Patent Litigation
- Patent Prosecution
- Patent Strategy and Counseling
- Portfolio Management
- Trademark Prosecution
J.D., The George Washington University Law School
B.S., Electrical Engineering, University of Wisconsin-Madison
Bar & Court Admissions
- District of Columbia
- U.S. Patent and Trademark Office