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Michael Drapkin

Partner

1800 Broadway, Suite 300, Boulder, CO 80302
P 303.473.2862
OVERVIEW

Michael counsels some of the world’s most innovative technology companies in protecting their intellectual property, guiding them in the strategic development and management of their patent portfolios. 

He makes great efforts to know each client’s business, their technology, and their strategic objectives, and uses this knowledge to shape his advice.

Much of Michael’s national practice is concentrated within the electronics and computer fields, with an emphasis on wireless communications, semiconductors, software, and complex medical devices. He also has extensive experience with standards-essential patents.

He leads a team of 40+ computer and EE-focused patent attorneys, agents, and engineers. With his team, they have collaborated to create new automation and workflow management solutions that leverage a sophisticated back-end and the team’s technical expertise, to deliver efficient, cost-effective legal services.
 
Michael was one of three IP attorneys who spearheaded the successful efforts to bring a Regional Patent Office to Colorado, traveling regularly to Washington, D.C. to meet with the USPTO, White House officials, and Congressional leaders. Michael is the Editor-in-Chief of the treatise, Patents and Standards: Practice, Policy, and Enforcement. He is also the immediate past Chair of the Professional Programs Committee for the AIPLA, and regularly speaks and writes on a range of IP issues.

EXPERIENCE

Experience

  • Michael focuses on the strategic development and management of patent portfolios for sophisticated technology companies with high volume, high value requirements. Much of this work is focused on leading the preparation and prosecution of patents in the U.S. and abroad. In addition, he is heavily involved in patent work related to claim charting and opinions, and advises clients on pre-litigation and licensing strategies. He also counsels clients on standards-related patents, patent infringement and validity, product design, and strategic patent acquisitions.
  • Michael regularly visits the PTO, and has developed unique skills in working closely with the Office to advance difficult cases to allowance. He has considerable experience with various techniques to accelerate examination of important cases. He also has extensive knowledge of the range of traditional and new post-grant review procedures at the Office.
  • Earlier in his career, he worked as a Senior Researcher at the University of Colorado, College of Engineering.  Immediately before joining Holland & Hart, he worked for many years at a national IP Specialty firm.  He also has worked in the Department of Justice, Antitrust Division, and in a Judicial Clerkship for U.S. District Judge Richard W. Vollmer.
TECHNOLOGIES

Michael has significant experience in a number of technology areas, including wireless and optical communications, signal processing, coding, integrated circuits, software, artificial intelligence, complex mechanical and medical devices, semiconductors, data networks, network security and encryption, packet telephony and multimedia communications, computer architecture, image processing, 3D graphics, and lasers.

EDUCATIONAL LEADERSHIP

American Intellectual Property Law Association

Annual Meeting

  • Planning Committee Chair, 2016, 2017
  • Planning Committee Vice-Chair, 2014, 2015
  • Topic Subcommittee Chair, 2013
  • Plenary Session Coordinator, 2012

Spring Meeting

  • Planning Committee Chair, 2016, 2017
  • Planning Committee Vice-Chair, 2014, 2015

Electronics and Computer Patent Law Summit

  • Silicon Valley, Chair, 2013
  • San Diego, Chair, 2012
  • Minneapolis, Chair, 2011
  • Denver, Planning Committee, 2010

University of Colorado School of Law

Adjunct Professor, 2010-present

  • Classes: IP Counseling, Patent Drafting and Prosecution
PRACTICES

Practices

Intellectual Property
Patent Prosecution, Counseling and Opinions
NEWS AND INSIGHTS

News

Best Lawyers® Names 18 Lawyers of the Year and 175 Best Lawyers from Holland & Hart, 08/15/2018
Patents and Standards: Practice, Policy, and Enforcement - Book Launch, 05/07/2018
Chambers USA 2018 Ranks Holland & Hart Lawyers and Practices, 05/03/2018
Holland & Hart Attorneys Listed in 2018 Colorado Super Lawyers Magazine, 03/26/2018
Meet the 14'ers! Fourteen Holland & Hart Partners Selected to 5280 Top Lawyers List, 01/16/2018
Best Lawyers® Names 21 Partners 2018 "Lawyer of the Year" and 183 Attorneys to Best Lawyers in America© List, 08/15/2017
Holland & Hart Attorneys Listed in 2017 Edition of Colorado Super Lawyers Magazine, 03/15/2017
From Patent Trends to Artificial Intelligence Opportunities: IP Partner Michael Drapkin Speaks At National CLE Conference and Silicon Flatirons, 1/11/2017

Publications

"Patents and Standards: Practice, Policy, and Enforcement," AIPLA/BNA Treatise, Editor-in-Chief, Chair of the Editorial Board, Author, published 2018
"Finding Patentable Subject Matter Post-Alice," Law Week Colorado, Co-Author, 10/09/2017
"Trade Secrets," The Practitioner's Guide to Colorado Business Organizations, Chapter 31, 2010-2017
"Tailoring Patent Strategies for Specific Clients to Maximize Value," Developing a Patent Strategy, Book Chapter, 2013
"Keeping it Secret in Colorado," The Colorado Lawyer, 2010
"Colorado Bar IP Section Newsletter," Editor, 2007-2008
"Supreme Court's Look at Patent Injunctions Creates Uncertainty for Patent Trolls," Boulder County Business Report, 2006
"Nanotechnology: Intellectual Property Challenges," The Colorado Lawyer, 2005

Speaking Engagements

"The Intersection of AI and Patent Law in the U.S.," AIPLA Electronic and Computer Law Summit, Denver, CO, June 2018
"Inventor Interviews," Lead Instructor, Experiential Track, Rocky Mountain IP & Technology Institute, Denver, CO, May 2018
"International patent eligibility," AIPLA Mid-Winter Institute, TT Moderator, January 2018
"Software patent eligibility in the U.S., Europe, and China," USPTO/NCC Cybersecurity Conference, Colorado Springs, CO, September 2017
"The Opportunity (or lack thereof) for Artificial Intelligence (AI) to Automate and Manage Patent Applications More Effectively," Silicon Flatirons Conference – Patent Reform in Action, Denver, CO, January 2017
"Beyond the Looking Glass: Getting in Front of the Next Generation of Patent Prosecution Issues," 34th Annual National CLE Conference, Snowmass, CO, January 2017
"Supervisory Patent Examiner Panel: EQPI, 101, and Interviews," Rocky Mountain IP & Technology Institute, Denver, CO, June 2016
"Best Practices for a Future-Proof Application in an Unpredictable World Patent Law Update," CLE International, Denver, CO, January 2016
"Patents for Electrical Engineers," IEEE Tech Talk, Austin, TX, September 2015
"IP Licensing," AIPLA Mid-Winter Institute, Panel, Orlando, FL, January 2015
"Patent Prosecution Issues of 2014," National CLE: Intellectual Property, Vail, CO, January 2015
"Moving Prosecution Forward: Proper Use of Appeals and Pre-Appeal Conferences," Rocky Mountain IP Collective CLE, Panel, Denver, CO, June 2014
"PTO Examiner Interviews: Strategies and Best Practices for Getting the Most out of Patent Interview Practice at the PTO," Rocky Mountain IP & Technology Institute, Denver, CO, May 2013
"The Institutional Roles of the PTO, the Federal Government, and the Judiciary in Shaping Patent Law," Silicon Flatirons Conference: The Intersection of Patent Law and Competition Policy, Panel, Boulder, CO, October 2012
"First Inventor to File—an In-house Perspective," AIPLA Electronics and Computer Patent Law Summit, Panel, San Diego, CA, April 2012
"State of Appeals at the PTO," AIPLA Mid-Winter Meeting, Panel, Las Vegas, NV, January 2012
"Inequitable Conduct in Light of Therasense," AIPLA Electronics and Computer Patent Law Summit, Panel, Minneapolis, MN, August 2011
"The Interplay of Patents and Standards," Colorado IP Section Event, CableLabs, Panel, Louisville, CO, November 2009
"Emerging Trends and Strategies in Reexamination," Colorado IP Section Event, Panel, Denver, CO, September 2009
"IP Protection for Emerging Technology Companies," Colorado IP Section Event, CableLabs, Panel, Louisville, CO, January 2009
EDUCATION AND ADMISSIONS

Education

University of California, Davis
J.D.
University of Colorado, College of Engineering
M.S. Telecommunications
Lewis and Clark College
B.A.

Bar Admissions

California
Colorado
U.S. Patent and Trademark Office
RECOGNITION

Recognition

  • Distinguished Service Medal, Selected by Federal Circuit Judge Richard Linn and the Linn Inn Alliance, 2013
  • IAM Patent 1000 – The World's Leading Patent Practitioners, Highly Recommended, 2012, 2013, 2014, 2015, 2016, 2017, 2018
  • Managing Intellectual Property, IP Star, 2013, 2014, 2015, 2016, 2017, 2018
  • Colorado Super Lawyers®, Intellectual Property, 2016, 2017, 2018
  • 5280 Magazine Top Lawyers, Intellectual Property: Patent, 2016, 2017, 2018
  • The Best Lawyers in America© Patent Law, 2017, 2018, 2019; Litigation - Patent, 2018, 2019
  • Chambers USA: America’s Leading Lawyers for Business, Intellectual Property, Recognised Practitioner, 2018
  • Lexology/International Law Office “ILO” Client Choice Award, Intellectual Property: Patents, Colorado, 2013
  • Law Week Colorado, Colorado Lawyer of the Year, 2012
  • Silicon Flatirons IP Supporter of the Year, 2011
  • Denver Business Journal, Forty Under 40, 2007
PROFESSIONAL AND CIVIC AFFILIATIONS

Professional and Civic Affiliations

American Intellectual Property Law Association
Committee on Nominations, 2018

Professional Programs Committee

  • Chair, 2015-2017
  • Vice Chair, 2013-2015

Electronics and Computer Law Committee

  • ECLC Professional Programs Subcommittee, Co-Chair, 2010-2013
  • ECLC Leadership Committee


Linn Inn Alliance
Advisory Council 2018

Intellectual Property Section, Colorado Bar Association

  • Chair, 2009-2010
  • Vice-Chair, 2008-2009
  • IP Section Newsletter, Editor, 2007-2008
  • Advisory Board, 2010-2012

Silicon Flatirons Law and Technology Center

  • Silicon Flatirons Board, 2009-present
  • IP/IT Advisory Board

University of Colorado School of Law

  • MSL Advisory Board

Federal Circuit/Colorado 2012 Coalition, Lead

University of Denver School of Engineering and Computer Science

  • Industry Advisory Board

Colorado IP Inn of Court

  • Founder's Committee & Executive Committee

Colorado Bar Association

  • Board of Governors, 2010-2011

Parlando School of the Arts

  • Board of Trustees

DISCLAIMER

Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.

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