Michael J. Song

Michael (Mike) Song is a trial lawyer with a passion for patent litigation.  Mike has served as lead counsel in numerous cases both for and against some of the world’s largest technology companies.  Eschewing formulaic roadmaps, Mike designs a litigation strategy from initial discovery, to motion practice, and ultimately through trial and appeal, that is tailored to the particular case, client, and facts.  Mike works tirelessly to achieve the optimum result for his clients, and whether working by himself or whether leading and managing a team of dozens of attorneys, Mike approaches each case with the same tenacity, while not losing sight of the client’s business objectives.

Drawing from his engineering background, Mike also uses various techniques, including his love for using spreadsheets and pivot tables, to manage and process large volumes of data and enables him to present information to judges, juries, arbitrators, and mediators in a persuasive, effective, and efficient manner.  Mike’s approach has led to awards recovering hundreds of millions of dollars and injunctive relief (preliminary and permanent) for his plaintiff-clients and has led to early, pre-trial resolution of claims asserted against his defendant-clients, including pre-answer walkaway settlements, motions to dismiss at the pleading stage, and on early, pre-discovery motions for summary judgment.

Mike has extensive courtroom experience, prevailing for clients in the most patent-heavy dockets in district courts throughout the country, including the Eastern District of Texas, the Northern District of California, the Central District of California, and the District of Delaware.  Mike also has experience representing clients in appeals to the Ninth and Federal Circuits, ITC proceedings, inter partes review proceedings, and commercial and international arbitrations.  Mike’s education in engineering, biochemistry, and the law has allowed him to advise clients and litigate matters in a vast array of technologies, from the most high tech—including telecommunication systems, semiconductor devices, computer hardware, and software, electronic banking, automotive, global positioning systems (GPS), speech recognition and optical character recognition (OCR), light-emitting diodes (LEDs), optics, medical devices, pharmaceutical, biotechnology, and Abbreviated New Drug Application (ANDA) cases—to low tech mechanical devices—including toys, video game controllers, lighting systems, sporting goods, baby products, and other consumer goods.

While Mike’s passion is patent litigation, his experience is much deeper.  Mike has broad IP and complex commercial litigation experience, including matters related to design patents, trade secrets, trademarks, trade dress, and unfair competition, as well as complex commercial and contractual disputes.  Mike also has provided opinions on patent infringement claims as part of a client’s or third-party’s due diligence, counsels clients on patent portfolio management, and has negotiated pre-lawsuit licensing deals and negotiated resolution of other contractual disputes on behalf of major semiconductor companies and cell phone manufacturers.

Representative Matters

• Lead counsel representing a video game controller manufacturer against a major video game company: obtained a voluntary dismissal with prejudice after obtaining orders granting summary judgment of non-infringement, excluding the opposing damages expert in a Daubert motion, and rejecting the Daubert motion filed against the client’s technical expert.
• Lead counsel representing a large chemical manufacturing company in Taiwan in an international arbitration involving a contract dispute governed by Taiwanese law against multi-billion-dollar NYSE traded companies; obtained a $100 million settlement and an award of over $3 million in attorneys’ fees.
• Represented electronic cigarette manufacturer owning the patent portfolio purchased from the inventor of the modern electronic cigarette and managed a team of dozens of attorneys in a consolidated case against eight separate defendants: obtained orders granting summary judgment of infringement, denying Daubert motions against client’s technical expert, and granting Daubert motions against opposing technical experts.
• Represented two major video game companies in two cases involving parental control technology: one case resulting in an order granting summary judgment of non-infringement filed with the answer to the complaint prior to fact discovery and one case resulting in a favorable settlement after expert discovery and filing summary judgment motions.
• Lead counsel in several cases for unrelated clients: obtained orders granting motions to dismiss, narrowing plaintiff’s claims significantly at the pleading stage.
• Represented automotive company in litigation against competitor over fuel reduction device: obtained an order granting a preliminary injunction against the defendant.
• Represented large software company in 14-patent case involving speech recognition technology: obtained order granting summary judgment of non-infringement of 4 patents before case settled on favorable terms.
• Lead associate representing a large LED manufacturer, serving as second chair in jury trial involving design patents for LEDs: obtained jury verdict finding the design patents infringed and not invalid.
• Represented generic drug manufacturer in bench trial in an ANDA litigation, resulting in favorable settlement for the client after several weeks of trial.
• Represented sporting goods manufacturer in litigation over football kicking tees: obtained an order disqualifying the inventor and patent attorney, resulting in favorable settlement for client.
• Represented manufacturer of non-metallic fastener used in large commercial airplanes: obtained favorable claim construction ruling, resulting in favorable settlement for client.
• Represented toy manufacturer in action for declaratory judgment of non-infringement: developed legal arguments that resulted in favorable settlement prior to scheduling conference.
• Represented major motion picture studio in claims of patent on talking poster: obtained order granting motion for summary judgment of non-infringement and order granting Rule 11 sanctions and award of attorneys’ fees.

Education

Associations & Memberships

National Asian Pacific American Bar Association

Korean American Bar Association

American Intellectual Property Law Association

Los Angeles Intellectual Property Law Association

Honors & Awards

Southern California Super Lawyers Rising Stars, 2013-2016

Northern California Super Lawyers Rising Stars, 2009

Bar Admissions

California, 2006

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Eastern District of Texas

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit