Insurance Coverage and Litigation Solutions

Practice Areas

- Patents
- Trademarks
- Copyrights
- Trade Secrets
- Business Agreements
- IP Audits and Due Diligence
- Patent, Trademark and Copyright Infringement
- Unfair Competition and False Advertising under the Lanham Act Misappropriation of Trade Secrets
- Deceptive Trade Practices
- Antitrust
- Breach of Contract
- Business Disputes
 

Education

Georgia State University College of Law, J.D., 1991
-Moot Court Board 

Loyola University, New Orleans, B.S. Physics, 1988

Bar and Court Admission

State Bar of Georgia

United States Court of Appeals (Eleventh Circuit and Federal Circuit)

United States District Courts (Northern and Middle Districts of Georgia; Eastern District of Texas; Eastern District of New York; Northern and Central Districts of California; District of Minnesota; Eastern District of Pennsylvania; and Southern District of Alabama) 

United States International Trade Commission 

United States Patent and Trademark Office 

Professional Associations and Recognitions

American Bar Association (IP Law Section, IP Litigation Committee) – Member, Roundtable Host and Moderator 

American Intellectual Property Law Association (AIPLA) – Member, Author, Lecturer – Licensing and Management of IP Assets Committee 

Atlanta Bar Association (IP Section) – Member, Author, Lecturer, Program Chair 

Georgia State University College of Law – Member of IP Advisory Board, Lecturer 

Georgia State University, J. Mack Robinson College of Business – Guest Lecturer 

Intellectual Property Owner's Association (IPO) – Member, Lecturer 

International Trademark Association (INTA) – Member 

State Bar of Georgia – Member in good standing since 1991; Chairman – Management Information Systems Committee, 1998-2000 

TiE Atlanta - Member, Mentor, and Sponsor of TiEX Accelerator program

Georgia Commission on Dispute Resolution - Registered Civil Mediator (Intellectual Property) 

Professional Honors


AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, 2002-present 

Listed in The Best Lawyers in America® in Copyright Law, 2013, 2014 

Listed in Chambers USA: America's Leading Business Lawyers as a leading intellectual property lawyer in Georgia, 2007 and 2009 – 2013 

Selected as one of the top 100 attorneys in Georgia by Georgia Super Lawyers, 2010, 2011 and 2012 

Selected to Georgia Super Lawyers by Law & Politics for Intellectual Property Litigation, Intellectual Property and Antitrust Litigation, 2009 – 2013 

Named as one of Georgia's Legal Elite in Intellectual Property Law by Georgia Trend magazine, 2007 and 2009 – 2012 

Volunteer of the Year" Pro Bono award, Southface Energy Institute, 2010

Community Leadership

Spalding Drive Charter Elementary School– Chaperone (certified by Fulton County Schools Police Department), PTA Member, Volunteer Parent, and Guest Speaker 

North Atlanta Soccer Association - Recreational Coach 

Mountaire Pool Association - Member since 2008, Swim Team Volunteer 

North Springs Homeowners Association - Member since 1997 

Children's Healthcare of Atlanta - Member of Fundraising Board, 2005-2008 

Food Allergy & Anaphylaxis Network – Member, 2005-present 

Upward Sports - Baseball, Softball, Tee Ball - Recreational Coach, Volunteer Parent 

Michael j. powell

of counsel

mpowell@gilsonathans.com
Phone: (678) 514-1573
Fax: (770) 512-0070

980 Hammond Drive, 
Suite 800
Atlanta, GA 30328

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Experience

Michael J. Powell concentrates his practice in business matters involving intellectual property. Having practiced intellectual property law since 1991, his extensive experience includes representing businesses in transactional and litigation matters concerning patent, trademark, trade dress, copyright, trade secret, unfair competition, false advertising, antitrust and related issues. Mr. Powell is a registered patent attorney, a frequent lecturer on intellectual property issues, and a registered mediator for disputes involving intellectual property.   

Prior to joining the firm, Mike was a shareholder at Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, where he co-founded the firm's IP Practice Group and served as the managing shareholder of the Atlanta office for several years. Mike recently formed Powell IP Law, LLC – a firm dedicated to helping clients and co-counsel navigate the complexities and costs of intellectual property. He provides intellectual property transactional, litigation, mediation, and collaborative of counsel services. To learn more about this firm, visit www.NavigatingIP.com.

Representative Business / Transactional Matters:

  • Brand and IP Portfolio Management - Counsel to a number of clients with regard to building and protecting their IP portfolios for purposes of enhancing market presence, reducing encroachment by third parties operating within the same or similar industries, and avoiding unnecessary litigation over IP issues when possible.
  • Corporate Restructuring - Counsel to several U.S.-based suppliers of overseas products in corporate restructuring to accommodate new partner(s), investors and/or distributors while protecting IP rights.
  • Software Development - Counsel to clients engaged in software development including mobile phone and tablet applications.
  • Online and Social Media Marketing - Counsel to clients undertaking online advertising and social media marketing.
  • International Manufacturing - Counsel to foreign manufacturers introducing products and/or services into the U.S. in view of competitors' patents.
  • Financial Services Software - Counsel to U.S. publicly traded financial services company in acquiring foreign-developed software for use in the U.S. and further development of U.S. and foreign versions of the software.
  • Pharmaceutical Patents - Advised compounding pharmacy in acquiring rights to make, use and sell certain patented technology and formulations for pharmaceuticals.
  • Licensing Agreements - Assisted client in purchase of assets and IP from licensor/distributor and in amending license/distribution agreement to maintain product distribution in U.S. while distributor reorganized to improve cash flow.
  • Patent Infringement Advice - Counsel to U.S. publicly traded financial services company to determine risks of infringement of competitor's patents posed by client's proposed product enhancements.
  • Oil & Gas Services - Counsel to Marine Shipyard and Oilfield Contractor with regard to acquiring, enforcing, licensing and selling IP rights.
  • Food and Beverage Packaging - Advised food packaging client in protecting IP rights in acquisition by publicly-traded global food and beverage packaging manufacturer.
  • Self-Storage - IP Counsel to dynamic Real Estate Investment Trust (REIT) client operating in the self-storage industry in North America.
     
  • Retail Apparel - Protected brand management company in acquiring, defending, registering and licensing trademark portfolios. Represented client in transactions and/or litigation through the U.S. Patent & Trademark Office, the Trademark Trial & Appeal Board, and U.S. Bankruptcy Courts.

Representative Litigation Matters

  • Trademark and Copyright Litigation - Successfully mediated resolution of federal case involving an alleged $30M damages.
  • Copyright Litigation - Consulting expert for customer relationship management (CRM) software owner in U.S. District Court case for infringement, breach of contract, and conversion. Successfully mediated resolution.
  • Patent, Trademark, and Trade Dress Litigation - Counsel to international food container manufacturer enforcing patent, trademark and trade dress rights against competitor in U.S. District Court. Obtained court-ordered injunctive relief.
  • Computer Hardware and Software Patent Litigation - Defended subsidiary of publicly-traded company against patent infringement claims concerning wireless thin client technology. Obtained dismissal of claims.
  • Trade Secret Litigation - Defended information technology (IT) consulting firm against claims that client had stolen trade secrets after client replaced competitor on multi-million dollar maintenance and upgrade of utility software and systems. Obtained dismissal. Affirmed by U.S. Court of Appeals. See Southern Nuclear Operating Company, Inc. v. Electronic Data Systems Corporation v. Computer Technology Solutions, Inc., 273 Fed.Appx. 834, 2008 WL 1700204 (11th Cir. 2008).
  • Semiconductor Patent Litigation - Defended overseas manufacturer of computer chips (semiconductors and toroid transformers) and U.S. subsidiary against patent infringement allegations. See e.g., Halo Electronics, Inc. v. Bel Fuse, Inc. et al., 2010 WL 2464811 (N.D.Cal. 2010). Obtained dismissal of U.S. District Court case.