Michael J. Flynn
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Michael represents clients as lead or Delaware counsel in litigation primarily in the District of Delaware in a wide variety of industries, with a particular focus on web-based technology, networking, biotechnology and consumer products.
Representative clients include Barracuda Networks, Cisco Systems, ClearOne, Denon, Discovery Communications, Feit Electric, f’real Foods, Galderma Labs, Gillette, Hitachi Koki USA, MerchSource, Nespresso, Peloton, Rite Aid, Roku, RSB Spine, Symantec, Thermo Fisher Scientific, UCB, United Therapeutics, and Xilinx. As of 2021, he has represented clients in more than 275 intellectual property cases, including cases involving patent, trademark, and copyright infringement, trade secrets, trade dress, unfair competition and antitrust issues.
Chambers USA has recognized Michael for Delaware Intellectual Property since 2016. He has also been ranked by IAM Patent 1000. In 2022, he was appointed by Chief Judge Connolly to the Lawyer Advisory Committee for the District of Delaware. Michael devotes a portion of his time to pro bono matters and serves on several Morris Nichols committees, including its Diversity and Recruiting Committees.
Prior to law school, Michael worked as a consultant on public policy and legislative advocacy on local, state, and national issues with an emphasis on technology, environmental issues, and strategic business development. For several years, he hosted a public affairs radio program on Delaware’s leading news station, and frequently appeared on radio and television news shows.
As an entrepreneur, Michael has owned and managed several businesses, including an Internet applications firm that developed web solutions for Fortune 500 companies, regional banks and national retailers. In that role, Michael gained technical experience in web-based solutions for customer retention and integration between online and bricks-and-mortar businesses.
Michael is the chair of Morris Nichols’ Recruiting Committee.
Experience
Obtained an affirmance from the Federal Circuit for f’real Foods, LLC and Rich Products Corporation which upheld a jury verdict and pre- and post-trial rulings on patent infringement as well as a permanent injunction and recall of infringing self-cleaning blenders.
Represented API Industries in patent infringement case concerning elastic drawstring trashbags. Successfully represented API as lead counsel in district court, in the Federal Circuit, and in Supreme Court proceeding.
Represented UCB, Inc. in Hatch-Waxman ANDA cases concerning patent covering Neupro® rotigotine transdermal system.
Represented D&M Holdings Inc. in two patent litigation actions involving Denon’s wireless home audio products.
Represented biotechnology company Thermo Fisher Scientific Inc. in multiple patent infringement actions concerning PCR systems.
Counsel to Symantec Corp. in patent cases concerning data storage and backup systems.
Obtained successful jury verdict for C.R. Bard in case concerning stent graft devices. W.L. Gore & Associates Inc. et al v. C.R. Bard Inc.
Obtained rare summary judgment decision for Bloomberg and Charles Schwab in patent infringement case concerning mobile device app technology.
Represented Agilent Technologies Inc. as lead counsel in case involving nucleic acid arrays.
Represented Orbitz in patent infringement action involving data storage systems.
News & Insights
- Media Mention, Best Lawyers, 08.15.2024
The Best Lawyers in America has released its 2025 edition listing 39 attorneys from Morris Nichols. The results are based on peer-review evaluations from more than 160,000 eligible attorneys.
Honors & Recognitions
Chambers USA: Guide to America’s Leading Lawyers, ranked for Delaware intellectual property since 2016
IAM Patent 1000: The World’s Leading Patent Practitioners, ranked in Delaware, since 2020
The Best Lawyers in America, listed in Delaware intellectual property litigation, since 2022
Lawdragon Magazine, listed among 100 Leading AI & Legal Tech Advisors, 2024
Professional & Civic
American Bar Association (Intellectual Property Law, Business Law, and Litigation Sections)
American Intellectual Property Law Association
Delaware State Bar Association
Federal Bar Association
Federal Circuit Bar Association
Law360 Delaware Editorial Advisory Board (2022)
Richard S. Rodney Inn of Court
US District Court for the District of Delaware, Lawyer Advisory Committee
2017 Federal Trial Practice Seminar, sponsored by the US District Court for the District of Delaware and the Federal Bar Association
Education
Tulane University Law School, JD, cum laude, Order of the Barristers, 2009
Tulane Moot Court Board, Appellate Chairman
American Bar Association National Appellate Advocacy Moot Court Team
James A. Wysocki Award for Trial Advocacy
Swarthmore College, BA, political science, 1997
Admissions
- Delaware, 2009
- US District Court for the District of Delaware, 2010
- US Court of Appeals for the Federal Circuit, 2015
- US Supreme Court, 2017