Michael J. Curley, Partner

Biography

Michael Curley practices in all areas of intellectual property litigation, including patent, trademark, and copyright infringement litigation, trade secret misappropriation litigation, domain name disputes, and unfair competition. Mr. Curley has litigated cases in most of the country's patent-heavy jurisdictions and has developed a particular expertise in defending accused infringers from "non-practicing entities" or "patent trolls." Mr. Curley also practices patent prosecution, with an emphasis on optics and electronics. His recent experience includes

  • Obtained favorable claim construction in a chemical patent infringement case supporting a motion for summary judgment.
  • Obtained favorable claim construction in a mechanical patent infringement case.
  • Successfully defended against a motion for preliminary injunction in a trade dress infringement matter.
  • Won favorable jury verdict in a trademark and copyright infringement action against an offshore computer hardware counterfeiter on behalf of a major electronics manufacturer.
  • Secured a multimillion-dollar arbitration award in a breach of contract dispute involving copyright infringement theories.
  • Litigated numerous patent disputes, on behalf of both patentees and accused infringers, in technology areas ranging from network security, to semiconductor fabrication equipment, to sporting goods.
  • Drafted and prosecuted patent applications related to optical communications, signals intelligence, optical particle detection, 3D modeling, and semiconductor fabrication.

Representative Cases

  • EasyCare, Inc. v. Lander Industries, Inc. (D. Ariz.) (patent and trademark dispute involving equine hoof boots and internet domain names)
  • International Flora Technologies, Inc. v. Desert Whale Jojoba Company, Inc. (D. Ariz) (patent dispute involving chemically processed jojoba oil products)
  • Fotomedia Technologies, LLC v. American Greetings Corp., et al. (E.D. Tex.) (patent infringement defense against non-practicing entity asserting software patents related to photo-sharing)
  • Energy Brands, Inc. v. Ecosentials, LLC (S.D. N.Y.) (trade dress infringement)
  • TV Interactive Data Corporation v. Microsoft Corp. (N.D. Cal.) (patent infringement defense against non-practicing entity asserting patents relating to operating system functionality)
  • SRI International, Inc. v. Internet Security Systems, Inc. (D.Del.) (patent dispute related to computer intrusion detection systems)
  • Callaway Golf Company v. Acushnet Company (D. Del.) (patent dispute related to three-layer golf balls)
  • Adaptec, Inc. v. Chang (N.D. Cal.) (trademark infringement dispute involving counterfeit SCSI printed circuit boards and integrated circuits)
  • ADE Corp. v. KLA-Tencor Corp. (D. Del.) (patent dispute related to semiconductor wafer inspection)

Legal Services

Education and Honors

  • University of California, Berkeley School of Law–Boalt Hall (J.D., cum laude, 2003)
  • University of Arizona (B.A. and B.S., cum laude, 1997)
    • B.A. in Philosophy
    • B.S. in Optical Engineering

Bar Admissions

  • Arizona
  • California

Court Admissions

  • U.S. Patent and Trademark Office
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, District of Arizona
  • U.S. District Court, Southern District of New York
  • U.S. District Court, District of Utah

Professional and Civic Activities

  • Adjunct Professor of Law, University of Arizona James E. Rogers College of Law, Trademarks and Unfair Competition, Spring 2012
  • Selected as a 40 Under 40 honoree by Tucson Hispanic Chamber of Commerce (2012)

Professional Recognition

  • Southern Arizona Legal Aid, Volunteer Lawyers Program Outstanding Pro Bono Attorney (July 2012)