John M.Michalik

Partner

Chicago + 1.312.269.4215

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John Michalik is a seasoned litigator in the area of intellectual property law, concentrating on complex patent litigation. He has litigated on behalf of Jones Day clients in federal district courts across the country and before the United States International Trade Commission. He also has significant experience with foreign enforcement and invalidation proceedings.

John frequently represents clients in cases concerning a wide range of cutting-edge technologies, including innovative pharmaceutical compounds and treatments, semiconductor products and processing technologies, computer hardware and software, internet and World Wide Web systems and protocols, cellular telephones and related infrastructure, and electronic commerce.

In 2016, John was a member of the trial team that achieved the record-breaking patent infringement verdict for Idenix Pharmaceuticals (a subsidiary of Merck & Co.), the largest infringement verdict in U.S. history. After a two-week trial, the jury ordered Gilead Sciences to pay $2.54 billion in damages for sales of sofosbuvir-based medicines, including Sovaldi and Harvoni, for its infringement of an Idenix patent related to the treatment of patients with hepatitis C virus (HCV) infection.

Other representative clients in recent public matters include AbbVie, Abbott Laboratories, Celgene, Dell, Freescale Semiconductor, IBM, Motorola, Sercel, and Texas Instruments.

Experience

  • Pharmaceutical company wins $107.5 million jury verdict in patent dispute involving AstraZeneca's lung cancer treatment Tagrisso®Jones Day on behalf of a pharmaceutical company won a jury award of $107.5 million in damages after a five-day trial and less than three hours of jury deliberation.
  • NXP defends multi-jurisdiction patent infringement suits involving RFID technologyJones Day represented NXP USA Inc. against a competitor in a global patent infringement dispute involving more than 50 patents.
  • NXP litigates against competitor in 18-patent suit directed to RFID technologyJones Day represented NXP USA Inc. and NXP Semiconductors Netherlands B.V. in a patent infringement lawsuit against its competitor Impinj, Inc. in the Western District of Texas.
  • NXP sues Impinj for infringing patents relating to RFID technologyJones Day represented NXP USA, Inc. and NXP B.V. in their enforcement of six radio frequency identification (RFID) and wafer-layout patents against Impinj, Inc.
  • NXP whittles down competitor's infringement suit involving RFID technology from 26 to four patentsJones Day defended NXP USA, Inc. in a lawsuit brought by its competitor Impinj, Inc. alleging infringement of 26 patents relating to different aspects of radio frequency identification (RFID) technology.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Idenix defends nucleoside analogue patent in EPO opposition against five opponentsJones Day represented Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in opposition proceedings before the EPO related to Idenix patent covering nucleoside analogs and prodrugs.
  • Sloan Kettering and Juno Therapeutics win over $1.1 billion after jury verdict and post-trial motions in patent dispute with Kite Pharma/Gilead involving CAR-T therapyOn behalf of patentee Sloan Kettering Institute and exclusive licensee Juno Therapeutics (a subsidiary of Celgene Corporation, a Bristol Myers Squibb company), Jones Day and co-counsel prevailed in a jury trial that spanned eight days and involved 22 witnesses, wherein the jury awarded our clients $752 million in compensation for the infringement of their patents by Kite Pharma, Inc. (a Gilead Sciences, Inc. company) through the making and selling of its infringing CAR-T therapy, YESCARTA®.
  • Huawei defends patent litigation relating to smartphone patentsJones Day represented Huawei Device USA Inc. in patent litigation brought by American Patents, LLC in the Eastern District of Texas.
  • Allergan defends JUVEDERM® patents against nine IPR petitions filed by ProlleniumJones Day is representing Allergan, Inc. before the U.S. Patent Trial and Appeal Board ("PTAB") on nine IPR petitions filed by Prollenium challenging multiple patents covering certain of Allergan's JUVEDERM® products, hyaluronic acid-based dermal fillers that include the anesthetic lidocaine.
  • Qualcomm defends Apple's patent infringement claims relating to processor power saving techniquesJones Day defended Qualcomm Incorporated against Apple, Inc.'s allegations that Qualcomm's Snapdragon processors – CPU/GPU/Baseband Modem System on Chip – infringe a number of Apple's patents directed to power saving techniques for use in processors.
  • Qualcomm sues Apple for patent infringement on inventions for power saving techniques for mobile devicesJones Day represented Qualcomm Incorporated against Apple Inc. in a patent infringement lawsuit relating to power saving techniques for mobile devices.
  • Idenix wins $2.54 billion jury verdict in Gilead patent dispute involving hepatitis C drugsAfter a nine day trial and less than two hours of jury deliberation, Jones Day, on behalf of Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co.), won the largest patent infringement verdict in U.S. history to date, involving a multi-billion dollar patent dispute with Gilead Sciences Inc. over sofosbuvir, the active ingredient in Gilead’s hepatitis C drugs Sovaldi® and Harvoni®.
  • Idenix asserts patent infringement against Gilead in Australia related to Sovaldi® and Harvoni®Jones Day represented Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in patent litigation against Gilead in the Federal Court of Australia over sofosbuvir, the active ingredient in Sovaldi® and Harvoni®, Gilead's blockbuster drugs for treating Hepatitis C.
  • Idenix asserts patent infringement against Gilead in Canada related to Sovaldi® and Harvoni®Jones Day represents Idenix Pharmaceuticals LLC (a subsidiary of Merck & Co., Inc.) in patent litigation against Gilead in Federal Court in Canada over sofosbuvir, the active ingredient in Sovaldi® and Harvoni®, Gilead's blockbuster drugs for treating Hepatitis C.
  • IBM successfully resolves copyright infringement and software licensing disputeJones Day successfully represented International Business Machines Corporation (IBM) in a copyright infringement and software breach of license case involving IBM’s Informix software.
  • MathWorks files copyright infringement claims against competitor AccelerEyes and AccelerEyes' resellersJones Day is representing The MathWorks, Inc. in copyright infringement claims against AccelerEyes and its resellers Padova Technologies, AMAX, and FedEdge.
  • MathWorks files patent and trademark infringement claims against competitor AccelerEyes and AccelerEyes' resellersJones Day is representing The MathWorks, Inc. in patent and trademark infringement claims against AccelerEyes and its resellers Padova Technologies, AMAX, and FedEdge.
  • MathWorks wins copyright and patent infringement casesOn behalf of The MathWorks, Inc., Jones Day prevailed in two separate patent and copyright infringement actions involving MathWorks' MATLAB software. 
  • Dell defends against Xpoint's patent infringement claims over peer-to-peer I/O technologyJones Day represented Dell Inc. in a patent infringement lawsuit brought by Xpoint Technologies against Dell and others.
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    Additional Speaking Engagements

    • June 24, 2016
      Are You Exceptional? Recent Developments in the Law of Attorney Fee Shifting and Enhanced Damages

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