Michael Brody is co-chair of Winston & Strawn’s intellectual property practice group. He concentrates his practice in intellectual property trials.
Mr. Brody received the Lexology/ILO’s 2012 Client Choice Award as the outstanding Intellectual Property lawyer in Illinois. (“Get[s] the job the done for me and that means winning cases,” “Finds creative ways to leverage strengths,” “Thinks outside the box,” “Can count on his counsel and his leadership”). He is regularly listed as one of the leading intellectual property trial lawyers nationally by both peer, client, and reporter-based rating organizations such as IAM Patent 1000 (“Receives loud applause, thanks to his ‘level-headed approach,’ ‘ability to effortlessly assimilate difficult technical details,’ and ‘outstanding litigation judgment.’ ‘Smart and insightful.’” He has also been recognized nationally for many years in a variety of additional publications, including Best Lawyers in America, Leading Lawyers, Super Lawyers, Managing IP, and others.
Mr. Brody has successfully represented clients with respect to a wide range of technologies, including telecommunications, wired, wireless, cable and optical networking, internetworking, semiconductor and computer design and architecture, engineered substrates, laser optics, LED’s, packaging, finance, and consumer goods. Representative clients for whom he has handled matters in the last five years include Cisco Systems, Cox Communications, Comcast Cable Communications, Charter Cable Communications, Time Warner Cable, Dell Computers, Motorola Mobility/Google, Nanya Technologies, Cabot Microelectronics, Chicago Museum of Science and Industry, FieldTurf Tarkett, FreightCar America, Hoya-Pentax Corporation, IPG Photonics, OPTi, Inc., Oreck Corporation, Commisariat À L’Ènergie Atomique and Alternatifs, Soitec, S.A.
Mr. Brody also has actively assisted clients in managing intellectual property litigation, developing corporate strategies for dealing with the problem of “patent troll” litigation, and for monetizing intellectual property assets, as well as the development of programs for litigation evaluation, planning, budgeting, cost control, and reporting.
His experience outside of the intellectual property field includes post-acquisition disputes, constitutional litigation, environmental litigation, insurance coverage matters, construction litigation, trust and estate litigation, and tax disputes. Representative non-IP clients have included Illinois Central Railway, Household International, and the governor of the state of Illinois.
Mr. Brody’s trial wins include top 10 verdicts in Texas and nationally (2009 and 2013). In the last three years, Mr. Brody has handled Markman and summary judgment hearings and jury and bench patent trials in jurisdictions across the country, including the District of Delware, the Eastern District of Texas, the Northern, Central, and Southern Districts of California, the Northern District of Illinois, the District of Colorado and the District of Kansas. In addition to patent cases, his other intellectual property trials have included trademark, trade dress, false advertising, trade secrets, and gray market matters. Commercial trials and appellate experience have included post-closing disputes, constitutional litigation, securities fraud class actions, and tax matters. In the last 10 years, Mr. Brody has tried 15 matters to verdict. He has appeared in matters pending in California, Colorado, Delaware, Illinois, Kansas, Massachusetts, Maryland, Michigan, New York, North Carolina, Ohio, Texas, and Wisconsin.
Mr. Brody received a B.A. from Wesleyan University in 1974, where he graduated Phi Beta Kappa. He received an M.A. in Philosophy from the University of Chicago in 1976 and a J.D. from the University of Chicago Law School in 1979.
Mr. Brody’s community service has included membership on the advisory board of the University of Illinois Children and Family Research Center and the board of the American Civil Liberties Union of Illinois. He has authored several amicus briefs before the United States Supreme Court on behalf of various coalitions of civil rights organizations and has appeared before the Illinois Supreme Court on behalf of abused and neglected children and same-sex couples acting as foster parents. For roughly a decade, he served as co-lead counsel in the B.H. case, an institutional reform litigation aimed at revitalizing the Illinois Department of Children and Family Services. The case has been the subject of multiple journal articles, books, and Ph.D. theses and is widely viewed as a model of the positive potential for litigation of this sort. He previously served as chair of the Juvenile Law Committee of the Chicago Council of Lawyers and co-chair of the Policy and Planning Committee of the advisory board of the Chicago Legal Assistance Foundation’s Children’s Rights Project.
Publications & Speaking Engagements
Mr. Brody is a frequent author and speaker on litigation management, trial advocacy, and intellectual property issues. His articles have been published in, among others, Boston University Law Review, IIT-Kent Law Review, and Litigation Magazine. Mr. Brody’s articles have been anthologized in several “best of” collections. He is regularly invited to speak on intellectual property topics, including by organizations such as the Federal Reserve Board of Chicago and the annual high performance chips symposium (“Hot Chips”) of the IEEE Committee on Microprocessors, the Association for Computing Machinery, SIGARCH, and the Sedona Conference.
- Northern District of Illinois for Hon. Bernard M. Decker
- University of Chicago, JD, 1979
- University of Chicago, MA, 1976
- Wesleyan University, BA, 1974