Michael M. Murray, Partner

Michael Murray is a partner in the firm’s New York office who for 25 years has obtained successful patent litigation results for his clients in courts across the United States. He also handles International Trade Commission (ITC) cases under Section 337 of the Tariff Act, representing both Complainants and Respondents. Mr. Murray counsels clients on intellectual property matters, including 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.

Backed by undergraduate studies in electrical engineering and physics, Mr. Murray focuses his practice on complex technologies including semiconductors, integrated circuits, consumer electronics, telecommunications, software, financial services, and business methods. His career in intellectual property dates from 1984, when he served as a United States Patent Examiner.

Mr. Murray is a frequent author and speaker on intellectual property issues, and has taught an honors-level Computer Law course as an Adjunct Professor at Hunter College.

Representative Litigation Matters

• Representation of the one of the nation’s leading options exchanges in the Southern District of New York against claims of infringement relating to data compression of market data feeds.  Mr. Murray argued at the Markman hearing, with the Court adopting every claim construction put forward by his client.  He then obtained a summary judgment ruling in favor of his client, with the district court finding no infringement by any of the seven accused systems.  
• Representation of the nation’s leading stock exchange in the Southern District of New York against claims of infringement relating to wireless-computing devices, trading methods and data structures. Mr. Murray obtained a summary judgment ruling from the district court invalidating two asserted patents and successfully defended that ruling on appeal to the Court of Appeals for the Federal Circuit. 
• Representation of complainant in a Section 337 investigation before the U.S. International Trade Commission concerning semiconductor lithography and digital circuits. A favorable settlement was reached after a full trial on the merits. 
• Representation of a respondent in a Section 337 investigation concerning DRAM technology and direct-memory-access computing. A favorable settlement was reached after a full trial on the merits. 
• Representation of 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.
• Representation of one of the world’s largest computer companies in a complex dispute involving 18 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.
• Representation of the plaintiff in patent litigation relating to a popular surgical tool. Mr. Murray was first chair on a trial directed to the issue of inventorship and ownership of the patent, and obtained a verdict in his client’s favor. There was no appeal.

Honors and Awards

Activities

Education

Speeches and Publications

Mr. Murray regularly speaks and writes about intellectual property developments affecting his practice. Recent work includes:

• “Cost-Effective Management of Patent Litigation,” Panel Moderator at ALM’s 23rd Annual Corporate Counsel Conference, June 7, 2011, New York.
• “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,” Thomson Reuters (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, Va. (2002-2006).
• “Back to the Future (Lubrizol): An Overview of IP & Bankruptcy Issues, Chapter 15, and the Qimonda Proceeding,” Moderator of BNA LegalEdge Webinar, May 17, 2010.
• “An Introduction to Patents Covering Electronics and Business Methods,” invited speaker, Japanese Intellectual Property Association, Tokyo, Japan (2002-2003).