Jane Michaels focuses on intellectual property and commercial litigation, with substantial experience in a wide variety of industries, including computer hardware and software, telecommunications, electronics, internet and e-commerce, publishing, manufacturing, retail, sports, entertainment, real estate and oil and gas. She has had extensive experience as a trial lawyer and has won numerous complex jury trials and bench trials in business disputes, including patent, trademark, trade secrets, copyright, and technology cases.

Ms. Michaels was inducted as a Fellow of The American College of Trial Lawyers and The International Society of Barristers. She has been listed in Best Lawyers in America every year for the past 19 years and has been named one of Colorado's top 25 female Super Lawyers. Ms. Michaels is ranked by Chambers USA in both Intellectual Property Litigation and Commercial Litigation. She was recently named one of the 500 Leading Lawyers in America.

Ms. Michaels is a certified arbitrator and mediator and has handled dozens of alternative dispute resolution proceedings in commercial and intellectual property cases.

RELEVANT REPRESENTATION

Has tried dozens of cases, including jury trials, bench trials and arbitrations.

National Oilwell Varco, L.P. v. Pason Drilling (U.S. Dist. Ct., D.Colo.). Represented plaintiff in a patent infringement action involving automatic drilling systems for oil and gas wells. After a two-week jury trial ending on November 6, 2008, the jury reached a verdict favorable to our client on all claims for relief; awarded plaintiff $14,320,283 in lost profits damages; and found that the defendant had willfully infringed our client's patent. The $14.3 million verdict for our client was the highest jury verdict in Colorado in 2008. On April 30, 2009, the court entered judgment on the jury verdict and denied defendant's post-trial motions.

Represented a major software developer in a suit against a competitor for misappropriation of trade secrets. The jury verdict in that case was one of the largest in U.S. history in a computer software piracy case.

As lead trial counsel, successfully defended a computer storage device manufacturer in a patent infringement action in which the plaintiff was seeking to recover $30 million in trebled damages.

Prevailed as lead trial counsel in patent infringement action; trial court doubled the jury's damages award.

Successfully represented a worldwide software developer in a billion dollar case involving misuse of copyrights, breach of contract and antitrust claims.

Obtained permanent injunctive relief against copyright infringement on behalf of a prominent on-line retailer of digital products.

Successfully represented computer software users in cases involving deficient software performance in industries ranging from health insurance to accounting to telecommunications.

Obtained summary judgment in trademark infringement action on behalf of trademark owner, an international food manufacturer.

Obtained injunctive relief against patent licensee to preclude secretion of its assets overseas.

Obtained summary judgment, affirmed by the Sixth Circuit Court of Appeals, on behalf of consumer electronics retailer in trademark decision involving key dilution and infringement issues.

Favorably settled a multi-million dollar software performance case against one of the world's largest computer companies.

Obtained permanent injunctive relief in copyright infringement case on behalf of on-line real estate brokerage service.

Has successfully handled dozens of trademark, trade secrets, patent and copyright cases, obtaining injunctive relief and damages to enforce the valuable IP rights of her clients and defending infringement claims brought against her clients.

HONORS

Honored by Lawdragon as one of the 500 leading lawyers in America

Ranked by Chambers USA in both Intellectual Property Litigation and Commercial Litigation

Listed in Best Lawyers in America

Listed in Who's Who in American Law

Listed in Who's Who in Trademark Law

Selected as one of the top 25 female 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

Fellow, American College of Trial Lawyers

Fellow, International Society of Barristers

Fellow, Litigation Counsel of America

Past President, Denver Bar Association

Former Chair, Holland & Hart Litigation Department

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

SPEECHES

Promoting & Protecting IP in Challenging Economic Times, Panel Moderator, 7th Annual Rocky Mountain Intellectual Property & Technology Institute (May 2009).

Developments in the Digital World:  Blogs, User Created Content and Secondary Liability, 6th Annual Rocky Mountain Intellectual Property & Technology Institute (June 2008).

IP Litigation Strategy, panel moderator, 5th Annual Rocky Mountain Intellectual Property & Technology Institute (May 2007).

Computer Software Litigation, 4th Annual Rocky Mountain Intellectual Property & Technology Institute (June 2006).

Fundamentals of Trademark Law, CLE International (March 2006).

Protecting Famous Trademarks: An Update on Dilution Claims, Intellectual Property Week, CLE International (June 2005).

Trade Secrets, Program Chair, Intellectual Property Week, CLE International (June 2005).

Preparing the Federal Court Case for Trial, Faculty of Federal Advocates (December 2004).

Effective Motions Practice in Arbitration Proceedings, American Arbitration Association, Continuing Legal Education Series (October 2004).

Privacy and Civil Liberties After the Passage of the Patriot Act, Panelist on panel chaired by Arthur Miller, Harvard Law Professor (September 2003).

Direct and Cross Examination of Expert Witnesses, Colorado Bar Association CLE Program, "Successful Strategies for Winning Commercial Cases in Federal Courts" (September 2003).

Copyright Law in the Information Age: The Digital Dilemma, American Corporate Counsel Association (November 2000).

Keynote Address to New Admittees to the Colorado Bar (October 1999).

Top Women in Corporate America, Ernst & Young Seminar (July 1998).

Thinking Like a Trial Lawyer, Not a Litigator, in an Intellectual Property Case, Computer Law Seminar (January 1998).

Trade Secrets Litigation, Computer Law Seminar (March 1996).

Revisions to the Federal Rules of Civil Procedure, Chair of Panel, Federal Court Practice Seminar (January 1996).

Trade Secrets, Computer Law Seminar (March 1995).

Trade Secrets Litigation, Law Education Institute and National CLE Conference (March 1994).

Use of Demonstrative Evidence in High Tech Cases, ABA National Institute Conference (February 1994).

Cutting Edge Computer Tort Litigation Issues, Annual Meeting of the ABA Litigation Section, Washington, D.C. (October 1993).

PUBLICATIONS

"Computerized Case Management: Trial Practice in the 21st Century," co-authored with John Tredennick, International Commercial Litigation (1998).

"The Other Side of Markman," co-authored with Alan Stern, National Law Journal (Intellectual Property Issue) (May 1996). 

"Rule 408: A Litigation Minefield," ABA, Litigation Magazine (Fall 1992).