Michael Simons

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Attorney Bio

Michael Simons
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“What excites me is trying cases. When you are in the courtroom and the verdict is read, it's a unique experience. Both sides have been working as hard as they possibly could for years to get to that moment. One team is about to experience the highest high, and the other team about to experience the lowest low. It's a definitive moment. Something you rarely get in the practice of law, or in life.”

— Michael Simons

Michael Simons is an accomplished first-chair, Harvard educated trial lawyer who has tried numerous complex IP cases to jury verdict.

Michael focuses on patent and trade secret litigation across a broad array of industries including financial services, e-commerce, medical devices, automotive and computer software and hardware. He is also experienced in handling large trademark, and trade dress cases.

Among his many victories, Michael recently represented a neurosurgeon in a trade secret and correction of inventorship case where he secured a favorable jury verdict that was affirmed on appeal, against one of the largest privately held medical device companies in the country.

Michael credits the experiences he faced as a child for helping shape his litigation career. He grew up in a two-room cabin in Canada’s Yukon territory with no electricity or plumbing. He learned then how to remain calm under pressure and to overcome serious challenges — skills he has successfully employed as a trial lawyer.

Michael is a member of several non-profit boards. He recently concluded his term as chair of the board of The SAFE Alliance, an organization that serves survivors of child abuse, sexual assault and exploitation, and domestic violence.

Education & Bar Admissions

Education

  • Harvard Law School, J.D., 1998
  • East Texas Baptist University, B.A. Communication, General, 1995

Admitted to Practice

  • Texas
  • United States Supreme Court
  • United States Court of Appeals - Federal Circuit
  • United States Court of Appeals - 5th Circuit
  • United States Court of Appeals - 10th Circuit
  • United States District Court - Western District of Texas
  • United States District Court - Eastern District of Texas
  • United States District Court - Northern District of Texas
  • United States District Court - Southern District of Texas
  • United States District Court - District of Colorado
  • United States District Court - Western District of Tennessee
  • United States District Court - Western District of Oklahoma

Recognition

  • Legal 500 U.S., Venture Capital and Emerging Companies, 2017
  • IAMPatent 1000: The World’s Leading Patent Practitioners, Patent Litigation (Texas), 2015−2017
  • Law360, Rising Star, 2011
  • Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2013−2015
  • Selected to the Rising Stars list, Super Lawyers (Thomson Reuters), 2006−2013

Activities

  • Board of Directors: Safe Place Austin
    Member: 2009−2019
    Chair 2017–2019
    Vice Chair: 2016
    Treasurer: 2012−2015
  • Board of Directors: Literacy Coalition of Central Texas
    Member: 2008−2017
    Chair: 2014−2016
    Treasurer: 2010−2013
  • Board of Directors: Harvard Club of Austin
    Member: 2015−present
    Treasurer: 2015−present
  • Founding Fellow: Austin Bar Foundation
  • Fellow: Texas Bar Foundation

Experience Highlights

  • Won a unanimous $115 million jury verdict against the world’s largest company in a trade secret case over misappropriation of a computer and telecommunications system for reducing the worldwide problem of fresh food waste (E.D. Ark.)
  • Represented a neurosurgeon in a trade secret and correction of inventorship case against one of the largest privately held medical device companies in the United States; obtained a large jury verdict after a jury trial in the Eastern District of Texas; the verdict was affirmed by the Federal Circuit (Fed. Cir., E.D. Tex.)
  • Represented one of the largest medical device companies in the United States in a three-week jury trial of patent infringement claims related to angioplasty catheter design technology (W.D. Okla.)
  • Represented a large wire and cable manufacturer in patent infringement litigation against a major competitor related to technology used to impregnate commercial and residential building wire with lubricants designed to reduce friction during installation (E.D. Tex., N.D. Ga.)
  • Represented one of the world’s largest chemical companies in the prosecution of a trade secret case in Houston that ended in a verdict that was identified by The National Law Journal as one of the 10 largest verdicts in America that year (Tex. – Harris County)
  • Represented a national cellular service provider in patent infringement litigation related to GPS technology used to generate maps on smartphones (W.D. Tex.)
  • Represented one of the world’s largest computer manufacturers in patent infringement litigation related to technology designed to improve processing systems and the communication among processors, coprocessors, and memory (D. Del.)
  • Represented one of the largest banks in the United States in a fraud and conversion case wherein the plaintiff claimed more than $450 million in damages (jury trial in Harris County, Texas, resulting in a defense verdict and an award of attorney’s fees to the bank) (Tex. Dist. – Harris Cnty.)

Patent Litigation

  • Lead counsel to operating companies prosecuting multiple cases related to VOIP technology against the world’s leading social media, publishing, retail, financial, and technology companies (E.D. Tex., W.D. Tex.)
  • Lead counsel to operating companies prosecuting multiple cases related to tagging and self navigation, interactive video technology against video content providers (E.D. Tex., W.D. Tex.)
  • Lead counsel to technology company prosecuting case involving determining a website visitor’s intent, predicting and providing content based on that intent against the largest social media company in the world (W.D. Tex.)
  • Lead counsel to technology company prosecuting case involving using multiple cameras to perform a variety and security and convenience functions on a smartphone against the largest smartphone manufacturer in the United States (W.D. Tex.)
  • Represented one of the world’s largest computer manufacturers in patent infringement litigation related to Bluetooth technology (E.D. Tex.)
  • Represented a television content producer in patent infringement litigation related to technology used to play videos and related content over the Internet (E.D. Tex.)
  • Represented a national wire and cable manufacturer in patent infringement litigation against a major competitor related to technology used to manufacture metal-clad electrical cable (E.D. Tex.)
  • Represented one of the largest medical device companies in the United States in patent infringement and breach-of-contract litigation related to medical devices used in spinal-fusion surgery (D. Colo.)
  • Represented one of the largest medical device companies in the United States in patent infringement litigation that involved aspiration catheter technology (W.D. Tex.)
  • Represented one of the largest medical device companies in the United States in patent infringement litigation involving surgical devices used to repair vertebral compression fractures (N.D. Cal.)
  • Represented one of the largest banks in the United States in patent infringement litigation involving technology used to generate, present, and manage content for online banking services (W.D. Tex.)
  • Represented one of the largest medical device companies in the United States in patent infringement and trade secret litigation that involved medical devices used to repair vertebral compression fractures in human spines (W. D. Tenn.)
  • Represented one of the world’s largest cellular telephone manufacturers in patent infringement litigation that involved LCD display technology (E.D. Tex.)

Trade Secret Litigation

  • Represented an energy trading company in trade secret litigation that involved proprietary energy trading procedures and customer lists (successfully defended against attempts to obtain a temporary injunction in Harris County, Texas, and resolved the case without any cessation of business or payment of damages) (Tex. Dist. – Harris Cnty.)
  • Represented an IT company that contracts with state governments to run educational payroll systems in an injunctive matter wherein it was accused of theft of trade secrets and hiring key employees from a competitor (successfully prevented the issuance of a temporary restraining order in Travis County, Texas, and resolved the case without any cessation of business or payment of damages) (Tex. Dist. – Travis Cnty.)
  • Represented a major mutual fund company in an injunctive matter in the Southern District of Texas against a competitor that hired away the manager of a top-performing, national mutual fund family (S.D. Tex.)
  • Represented an auto parts manufacturer against a competitor that hired away several key salespersons (obtained temporary and permanent injunctions against defendant) (Tex. Dist. – Travis Cnty.)

Complex Commercial Litigation

  • Represented the largest tortilla manufacturer in the United States against charges of monopolization filed by 17 small tortilla manufacturers that claimed $84 million in damages (jury trial in the Southern District of Texas, resulting in a directed verdict for the defense that was affirmed on appeal) (5th Cir., S.D. Tex.)
  • Represented one of the largest medical device companies in the United States in antitrust litigation related to medical devices used in spinal-fusion surgery (obtained dismissal of plaintiff’s claims through a motion for summary judgment one month before trial) (D. Colo.)
  • Represented one of the largest online vacation rental companies in the world in a dispute with a nonprofit housing rights organization that challenged the legality of certain vacation rentals in the city of San Francisco (obtained dismissal of plaintiff’s claims through a motion to dismiss) (Cal. Super. – San Francisco Cnty.)
  • Represented one of the largest online vacation rental companies in the world in a dispute with a major United States city over the legality of the vacation rental business within the city (N.D. Cal.)
  • Represented one of the largest online vacation rental companies in the world in a dispute with a major United States city over the legality of the vacation rental business within the city (D. Or.)