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Ms. Michaels helps her clients protect and defend their intellectual property and business enterprises in courtrooms and arbitration proceedings around the country. With decades of experience as a trial lawyer, she provides reliable counsel to companies of all sizes, from small start-ups to large corporations. Ms. Michaels has successfully handled dozens of trademark, trade secrets, patent, and copyright cases, obtaining injunctive relief and damages to enforce the valuable intellectual property rights of her clients and defending infringement claims brought against her clients. She has won numerous complex jury trials and bench trials in business disputes, in both IP and commercial litigation. She advises clients across multiple industries, including telecommunications, computers/electronics, Internet, biotech, pharmaceutical, manufacturing, hospitality, sports, real estate, and oil and gas. Ms. Michaels is Chair of Holland & Hart's Trial Practice. She is also a certified arbitrator and mediator and has handled dozens of alternative dispute resolution proceedings in intellectual property and commercial cases.
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| Intellectual Property Litigation |
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Technology- Lead trial counsel for a prominent vacation timeshare exchange company in its successful defense of plaintiff's suit for patent infringement of a computer-implemented business method patent involving procedures for trading timeshare interests. The court granted our client's motion to dismiss and invalidated plaintiff's patent for failure to claim patentable subject matter.
- As lead trial counsel, successfully defended a computer storage device manufacturer in a patent infringement action. Obtained a defense verdict and won a jury verdict for all damages sought on our client's counterclaim. The judge doubled the damages awarded to our client.
- Lead trial counsel for an international software company in a suit against a competitor for misappropriation of trade secrets. The resulting jury verdict was one of the largest in U.S. history in a computer software piracy case.
- Trial counsel for a global software developer in a billion dollar case involving misuse of copyrights, breach of contract, and antitrust claims.
- Lead trial counsel for defendant and counterclaimant in protracted patent infringement litigation involving Voice over Internet Protocol (VoIP). Parties reached a confidential global settlement.
- Represented defendant in a patent infringement case involving computer chip technology. Our client prevailed on a motion to dismiss.
- Lead trial counsel representing an internet company in the successful defense and settlement of a patent infringement suit involving digital image compression technology.
- Lead trial counsel for clients in patent infringement cases involving telecommunications, Internet, and computer software technologies. Experience includes the defense of cases filed by non-practicing entities in federal courts around the country, including the Eastern District of Texas, the District of Delaware, the Southern District of New York, and the Central District of California.
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Energy and Biotech- Trial counsel for plaintiff in a patent infringement action involving automatic drilling systems for oil and gas wells. After a two‐week jury trial, the jury reached a verdict favorable to our client on all claims for relief; awarded plaintiff more than $14 million in lost profits damages and found that the defendant had willfully infringed our client's patent. In post-trial proceedings, the court awarded supplemental damages and pre-trial interest, increasing the total damages award to $19 million.
- Represented plaintiffs in the successful settlement of a multimillion dollar inventorship case involving pharmaceutical patents.
- Lead counsel for a biotech company in two lawsuits, successfully obtaining injunctions against defendants' misappropriation of the client's trade secrets.
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Manufacturing and Retail- Obtained summary judgment, affirmed by the Sixth Circuit Court of Appeals, on behalf of a consumer electronics retailer in trademark decision involving key dilution and infringement issues.
- Lead trial counsel for an online real estate brokerage service, obtaining permanent injunctive relief against defendant for copyright infringement.
- As lead counsel for an international food manufacturer, obtained summary judgment and permanent injunctive relief against defendant for trademark infringement.
- As lead counsel for a prominent online retailer of digital products, obtained permanent injunctive relief against copyright infringer.
| | Commercial Litigation |
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- Lead counsel for plaintiff, favorably settling a multimillion dollar software performance case against one of the world’s largest computer companies.
- Lead counsel for plaintiff in a breach of contract case involving patent royalties for fitness equipment. The case settled on terms favorable to our client.
- Lead counsel for a key executive of a biotech company in the successful defense and settlement of a multimillion dollar business torts case.
- Successfully represented computer software purchasers and licensees in business cases involving deficient software performance in industries ranging from health insurance to accounting to telecommunications.
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- Recognized by Benchmark Litigation as a Local Litigation Star and one of the Top 250 Women in the United States in Litigation
- Selected as one of only three gold-rated patent litigators in Colorado by Intellectual Asset Management (IAM) magazine in the 2012 edition of IAM Patent 1000–The World's Leading Patent Practitioners
- Selected by The Best Lawyers in America® as Denver Patent Litigation “Lawyer of the Year”
- Listed in The Best Lawyers in America® (1991-2013)
- Honored by Lawdragon as one of the "500 Leading Lawyers in America"
- Ranked by Chambers USA in both Intellectual Property Litigation and Commercial Litigation (2007-2013)
- Listed in Who's Who in American Law
- Listed in Who's Who in Trademark Law
- Listed as a Colorado Super Lawyer (2006-2013)
- Selected as one of the “Top 25 Female Lawyers” and "Top 50 Female Lawyers" by Colorado Super Lawyers
- Selected as one of the “Top 50 Lawyers" and "Top 100 Lawyers" by Colorado Super Lawyers
- Named one of the “Top Ten Trial Lawyers in Colorado" by the National Law Journal
- Selected by in-house counsel for inclusion in the Corporate Counsel Black Book of leading lawyers
- Named a Colorado “Litigation Star” in Benchmark Litigation
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- Fellow, American College of Trial Lawyers
- Fellow, International Academy of Trial Lawyers
- Fellow, International Society of Barristers
- Fellow, Litigation Counsel of America
- Past President, Denver Bar Association
- Past Vice President, Colorado and Denver Bar Associations
- Former Member, Board of Trustees of the Denver Bar Association
- Former Member, Board of Governors of the Colorado Bar Association
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Computerized Case Management: Trial Practice in the 21st Century
International Commercial Litigation
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The Other Side of Markman
National Law Journal (Intellectual Property Issue)
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Rule 408: A Litigation Minefield
ABA, Litigation Magazine
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June 2011
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An Update on the Perils of False Marking: Assessing the Risk
9th Annual Rocky Mountain Intellectual Property & Technology Institute
| November 2010
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Examining the Key Elements of a Compelling Closing Argument
Winning Trial Tactics and Skills, American College of Trial Lawyers, Colorado Chapter
| June 2010
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Obtaining and Resisting Injunctions in IP Cases: What Lawyers and Litigants Need to Know
8th Annual Rocky Mountain Intellectual Property & Technology Institute
| May 2009
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Promoting & Protecting IP in Challenging Economic Times
Panel Moderator, 7th Annual Rocky Mountain Intellectual Property & Technology Institute
| June 2008
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Developments in the Digital World: Blogs, User Created Content and Secondary Liability
6th Annual Rocky Mountain Intellectual Property & Technology Institute
| May 2007
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IP Litigation Strategy
Panel Moderator, 5th Annual Rocky Mountain Intellectual Property & Technology Institute
| June 2006
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Computer Software Litigation
4th Annual Rocky Mountain Intellectual Property & Technology Institute
| March 2006
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Fundamentals of Trademark Law
CLE International
| June 2005
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Trade Secrets
Program Chair, Intellectual Property Week, CLE International
| June 2005
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Protecting Famous Trademarks: An Update on Dilution Claims
Intellectual Property Week, CLE International
| December 2004
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Preparing the Federal Court Case for Trial
Faculty of Federal Advocates
| October 2004
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Effective Motions Practice in Arbitration Proceedings
American Arbitration Association, Continuing Legal Education Series
| September 2003
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Privacy and Civil Liberties After the Passage of the Patriot Act
Panelist on panel chaired by Arthur Miller, Harvard Law Professor
| September 2003
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Direct and Cross Examination of Expert Witnesses
Colorado Bar Association CLE Program, “Successful Strategies for Winning Commercial Cases in Federal Courts”
| November 2000
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Copyright Law in the Information Age: The Digital Dilemma
American Corporate Counsel Association
| October 1999
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Keynote Address to New Admittees to the Colorado Bar
| July 1998
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Top Women in Corporate America
Ernst & Young Seminar
| January 1998
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Thinking Like a Trial Lawyer, Not a Litigator, in an Intellectual Property Case
Computer Law Seminar
| March 1996
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Trade Secrets Litigation
Computer Law Seminar
| January 1996
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Revisions to the Federal Rules of Civil Procedure
Chair of Panel, Federal Court Practice Seminar
| March 1995
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Trade Secrets
Computer Law Seminar
| March 1994
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Trade Secrets Litigation
Law Education Institute and National CLE Conference
| February 1994
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Use of Demonstrative Evidence in High Tech Cases
ABA National Institute Conference
| October 1993
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Cutting Edge Computer Tort Litigation Issues
Annual Meeting of the ABA Litigation Section
Washington, DC
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Wellesley College (B.A.)
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Harvard University (M.A.T)
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Boston University (J.D.)
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United States Supreme Court
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Tenth Circuit Court of Appeals
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Federal Circuit Court of Appeals
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Sixth Circuit Court of Appeals
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D.C. Circuit Court of Appeals
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Fourth Circuit Court of Appeals
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U.S. District Court for the District of Colorado
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U.S. District Court for the Eastern District of Texas
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