Michael M. Murray

+1-212-530-5424
mmurray@milbank.com
Fax +1-212-822-5424
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Michael M. Murray is a partner in the Firm's Litigation Department and is in the Intellectual Property Practice Group.  He has more than 25 years of experience in intellectual property law and has successfully litigated numerous cases in courts throughout the U.S.  He also counsels clients on the licensing and patentability of technology, the infringement, enforceability and validity of U.S. patents, patent infringement avoidance, and strategies for developing and exploiting intellectual property assets.  Mr. Murray has a degree in electrical engineering and routinely handles cases involving complex technology, such as semiconductors, consumer electronics, software and business methods.  He is also an adjunct professor at Hunter College (CUNY), where he teaches an honors-level course on intellectual property and computer law issues. 

A sample of Mr. Murray’s litigation experience includes:

• Representing the defendant in a declaratory judgment action in the Northern District of California that sought to invalidate a patent relating to semiconductor processing. Mr. Murray argued and won dismissal of the case on jurisdictional grounds.

• Representing complainant (i.e., plaintiff) in litigation before the U.S. International Trade Commission under Section 337 of the Tariff Act of 1930, concerning semiconductor lithography and digital circuits. A favorable settlement was reached after a full trial on the merits.

• Representing respondent (i.e., defendant) in a Section 337 investigation before the U.S. International Trade Commission concerning DRAM technology and direct-memory-access computing. A favorable settlement was reached after a full trial on the merits.

• Defending the nation’s leading stock exchange in the Southern District of New York against claims of infringement of five patents relating to wireless-computing devices. Mr. Murray argued six motions relating to critical procedural and discovery matters, winning all of them. As a result, two patents were withdrawn from the case following discovery. The plaintiff stipulated to non-infringement of a third patent following a favorable claim construction ruling. Mr. Murray then obtained a summary judgment ruling invalidating the remaining two asserted patents.

• Representing one of the world’s largest computer companies in a complex dispute involving eighteen patents and various other claims, including antitrust and patent misuse. Mr. Murray argued and won key disputes relating to jurisdiction and discovery, and obtained a stay of declaratory judgment claims brought against his client. The case then settled on favorable terms.

• Representing the plaintiff in a patent litigation relating to a popular surgical tool. After many aspects of the case settled, Mr. Murray was first chair on a trial directed to the issue of inventorship and ownership of the patent. He obtained a verdict in his client’s favor and there was no appeal.

A sample of Mr. Murray’s publications and speaking engagements includes:

• Understanding the Challenges of Protecting and Enforcing IP in a Global Marketplace. International IP Issues and Strategies: Leading Lawyers on Managing Intellectual Property Protection and Enforcement Efforts Across Multiple Jurisdictions, Thompson Reuters, pp. 105-115 (2009).

• Patent Litigation and the International Trade Commission; Invited Speaker, intellectual property organizations in Suzhou and Zhuhai, China (2008).

• Suppliers and Declaratory Judgment; Even after MedImmune, Two-Prong Test Lives On, BNA’s Patent, Trademark and Copyright Journal, Vol. 76, No. 1887 (2008).

• Basic Training Program in Patent Law; Instructor, annual program sponsored by the American Intellectual Property Law Association, Arlington, Virginia (2002-2006).

• Preventing Third Parties From Gaining Rights in Your Intellectual Property, The IP Litigator (2002).

• An Introduction to Patents Covering Electronics and Business Methods; Invited Speaker, Japanese Intellectual Property Association, Tokyo, Japan (2002-2003).

• A Practical Guide to E-Commerce Inventions; Invited Speaker, Tokyo, Japan (2000).

• The Best Defense is a Good Offense – Better Results in Intellectual Property Disputes With Aggressive Action, International Legal Strategy, Volume IV-12 (1995).

• Techniques for Obtaining a Strong U.S. Patent, Journal of the Japanese Group A.I.P.P.I., Vol. 38, No. 1, pp. 16-22 (1993).

Mr. Murray began his career in intellectual property in 1984 as a patent examiner in the U.S. Patent and Trademark Office. He is a member of the bars of New York and Massachusetts and is a Registered Patent Attorney. He is also a member of the American Bar Association, the American Intellectual Property Law Association (member, Alternative Dispute Resolution committee, IP Practice In Japan committee and Electronic and Computer Law committee), the Intellectual Property Owners Association (member, International Trade Commission committee), and the Institute of Electrical and Electronics Engineers.

Mr. Murray received his undergraduate degree in Electrical Engineering, with a minor in Physics, from Manhattan College and his J.D. from Georgetown University Law Center.