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Michael L. Brody

Michael Brody is vice chair of Winston & Strawn’s intellectual property practice group. He concentrates his practice in intellectual property trials.

Mr. Brody was selected by Lexology/ILO as the recipient of the 2012 Client Choice Award as the outstanding Intellectual Property lawyer in Illinois. He is regularly listed as one of the leading intellectual property trial lawyers nationally and in Illinois by peer, client, and reporter-based rating organizations including Best Lawyers in America, Leading Lawyers, SuperLawyers, Managing IP, and others.

Mr. Brody has extensive experience in trying both intellectual property and complex commercial cases. He has successfully represented clients with respect to a wide range of technologies and industries, including telecommunications, wired and wireless networking, internetworking, semiconductor and computer design and architecture, engineered substrates, laser optics, packaging, finance, and consumer goods. Representative clients for whom he has handled matters in the last three years include Cisco Systems, Cox Communications, Comcast Cable Communications, Charter 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., 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 trial and litigation 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.

Trial and Appellate Experience

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 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 Delaware. He has appeared before the Federal Circuit on a number of occasions. In addition to trying multiple patent cases to verdict, 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 (including one of the top 100 jury verdicts of 2009) and argued eight appeals. 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 is admitted to practice in the Central and Northern Districts of Illinois; Arizona District Court; Eastern District of Michigan; Eastern District of Wisconsin; District of Colorado; U.S. Court of Appeals for the Federal, 6th, 7th, and 10th Circuits; U.S. Tax Court; and the U.S. Supreme Court.

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.

Activities

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 for in institutional reform litigation aimed at revitalizing the Illinois Department of Children and Family Services. The B.H. 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

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, the Sedona Conference, and the annual high performance chips symposium (“Hot Chips”) of the IEEE Committee on Microprocessors, the Association for Computing Machinery, and SIGARCH.

Admissions

  • Illinois

Clerkships

  • Northern District of Illinois for Hon. Bernard M. Decker

Education

  • University of Chicago, JD, 1979
  • University of Chicago, MA, 1976
  • Wesleyan University, BA, 1974