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Jane Michaels

Partner

555 17th Street, Suite 3200, Denver, CO 80202

Jane 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. 

Jane 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 and e-commerce, biotech, financial, publishing, manufacturing, medical, food & beverage, entertainment, sports, real estate, and oil and gas.

Jane 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.

Experience

  • Alternative Dispute Resolution
  • Arbitration
  • Mediation
  • Early Neutral Evaluation
  • Strategic Advisor and Counselor
  • Intellectual Property Litigation
  • Patent Litigation
  • Trademark Litigation
  • Trade Secrets Litigation
  • Copyright Litigation
  • Commercial Litigation
     

Client Results

Arbitrations
  • Service as an arbitrator in the following disputes:

    • Numerous misappropriation of trade secrets disputes.
    • Numerous disputes involving royalties owed under patent licenses or other technology licensing agreements.
    • Numerous disputes involving trademark infringement.
    • Disputes involving delivery, performance, reliability and cost of computer software.
    • Disputes involving breach of contract.
    • Disputes involving business torts.
    • Disputes involving joint ownership of patented technology.
    • Disputes involving termination of computer services agreements.
    • Dispute involving management of limited liability company and purchase price of departing member’s interest.
    • Dispute involving alleged misappropriation of trade secrets and deceptive trade practices in medical device industry.
    • Dispute involving breach of co-existence agreement regarding concurrent use of marks.
    • Dispute involving breach of multi-million dollar sports management contract.
    • Dispute involving alleged breach of non-disclosure agreement and misappropriation of trade secrets arising out of aborted acquisition of a competing company. 
       

Mediation
  • Service as a mediator facilitating settlement of the following disputes:

    • Numerous disputes involving breach of contract in a diverse range of industries.
    • Numerous disputes involving misappropriation of trade secrets and business torts.
    • Numerous licensing and royalty disputes.
    • Numerous disputes arising out of patent infringement.
    • Disputes involving valuation of property.
    • Dispute involving breach of exclusive distributorship contract.
    • Dispute involving misappropriation of marine equipment designs that were used to start a competing company.
    • Dispute involving dissolution of a law firm.
    • Patent infringement dispute involving box folding machine.
    • Dispute involving misappropriation of trade secrets in software.
    • Dispute between beneficiaries of a large, complex estate.
    • Dispute concerning trademark infringement in data security services market.
    • Dispute between parties to a Cooperative Research & Development Agreement regarding innovative alternative energy project.
       

Intellectual Property Litigation
  • 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 methods 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, the Central District of California, and the District of Colorado.
  • 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.
    • Lead counsel for a key executive of a biotech company in the successful defense and settlement of a multimillion dollar business torts case.
  • Manufacturing and Retail

    • Obtained summary judgment, affirmed by the Sixth Circuit Court of Appeals, on behalf of a consumer electronics retailer in trademark case involving key trademark infringement and dilution 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.
    • 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.
Commercial Litigation
    • 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.

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • Benchmark Litigation, Top 250 Women in Litigation, 2012-2018
  • Benchmark Litigation, Local Litigation Star, 2010-2018
  • IAM Patent 1000–The World’s Leading Patent Practitioners, Gold-rated Patent Litigator in Colorado, 2012, 2013, 2015, 2016
  • The Best Lawyers in America© Lawyer of the Year, Litigation – Patent – Denver, 2012
  • The Best Lawyers in America© Commercial Litigation, 1991-2018; Litigation - Intellectual Property, Litigation - Patent, 2011-2018
  • Lawdragon, 500 Leading Lawyers in America, 2010-2011, 2013-2018
  • Chambers USA: America’s Leading Lawyers for Business, Intellectual Property Litigation; Commercial Litigation, 2007-2017
  • Who's Who in American Law
  • Who's Who in Trademark Law 
  • Colorado Super Lawyers®, Intellectual Property Litigation, 2006-2017; ADR, 2018
  • Colorado Super Lawyers®, Top 25 Female Lawyers and Top 50 Female Lawyers 
  • Colorado Super Lawyers®, Top 50 Lawyers and Top 100 Lawyers 
  • National Law Journal, Top Ten Trial Lawyers in Colorado
  • 5280 Magazine Top Lawyers, Alternative Dispute Resolution; Civil Litigation, 2018

Professional and Civic Affiliations

  • College of Commercial Arbitrators, Fellow
  • American College of Trial Lawyers, Fellow
  • International Academy of Trial Lawyers, Fellow
  • International Society of Barristers, Fellow
  • National Academy of Distinguished Neutrals
  • American Arbitration Association, Certified Mediator and Arbitrator
  • American Arbitration Association, Complex Commercial Arbitration and Mediation Panel Member
  • International Centre for Dispute Resolution: Panel Member
  • Litigation Counsel of America, Fellow
  • Board of Governors of the Colorado Bar Association, Former Member
  • Board of Rocky Mountain Children’s Law Center, Former Member
  • Board of American Judication Society, Former Member
  • Tenth Circuit Historical Society, Member
  • U.S. Supreme Court Historical Society, Member
  • Colorado and Denver Bar Associations, Past Vice President
  • Board of Trustees of the Denver Bar Association, Former Member
  • Denver Bar Association, Past President
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