Lawyer Bio : Michael A. Cicero

Michael A. Cicero

"Mike"

Atlanta

Michael's career began in 1990, and for its first nine years included the preparation and prosecution of patent applications as well as intellectual property and business tort litigation. Michael has practiced intellectual property litigation exclusively since 1999. His patent litigation experience includes Markman (patent claim interpretation) proceedings, trials, and motion practice. A significant portion of his experience also includes trademark infringement litigation.
 
Examples of work that Michael performed in this area include:
 
Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.
  • Preparation of briefs in a patent case that resulted in denial of an opponent's motions for summary judgment and to exclude a damages expert.
  • Preparation of motion and Markman briefs resulting in the grant of a motion for partial summary judgment of patent infringement.
  • Preparation of briefs that resulted in the striking of unenforceability defenses.
  • Successfully resisting a motion for partial summary judgment of trademark non-infringement.

Additional Biography Info

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Professional Activities

Chair, Womble Carlyle Patent Legal Issues Monthly Videoconferences, 2008-present.
 
Brief Reviewing Judge, Saul Lefkowitz Moot Court Competition, 2003-2010.
 
Admitted to the bar 1990, South Carolina; 1998, Georgia. Registered to practice before the U.S. Patent & Trademark Office, 1990. Admitted to practice before the Supreme Court of South Carolina, the U.S. District Court for the District of South Carolina and the Northern District of Georgia, and the U.S. Court of Appeals for the 4th, 10th and Federal Circuits.

Civic Activities

  • Member, Legally Speaking Toastmasters Club; attained Toastmasters International Competent Communicator Award (2009) and Competent Leader Award (2008).
  • Member, Colony Square Toastmasters Club, 2006-present (VP of Membership, 2011-12, VP of Public Relations, 2010-11, President, 2007-08; VP of Education, 2006-07).
  • Coordinator, Toastmasters Youth Leadership Program (March-May 2008) - Assisted with 8 three-hour sessions on Saturday mornings, teaching 11-to-16-year-olds public speaking and leadership skills.
  • Everybody Wins! Program Reader (2002-06).
  • Tutor, Greenville Literacy Association (1991-97).

Education

B.S., Civil Engineering, 1987, The Citadel; Tau Beta Pi.
J.D., 1990, University of South Carolina School of Law; Phi Delta Phi.

Prior Legal Experience

Associate, Isaf, Vaughan & Kerr, P.C., Atlanta, GA, 1997-1998; Associate, Hardaway Law Firm, P.A., Greenville, SC, 1993-1997; Associate, Bailey & Hardaway, Greenville, SC, 1990-1993.

Publications

"Divided Infringement of Method Patent Claims: A Tough Sell," Georgia Bar IP Section Newsletter at 15-18 (Summer 2009), available in http://www.gabar.org/public/pdf/SECTIONS/IPLaw/IP_summer_09.pdf.
 
"First-to-File and Choice-of-Forum Roots Run Too Deep for Micron to Curb Most Races to the Courthouse," 90 J. PAT. & TRADEMARK OFF. SOC'Y. 547 (Aug. 2008), republished in LexisNexis Patent Law Center web page, available in http://law.lexisnexis.com/practiceareas/patent (July 2009).
 
Co-author, “The Impact of MedImmune Upon Both Licensing and Litigation,” 89 J. Pat. & Trademark Off. Soc’y. 748 (Sept. 2007).
 
Co-author, “Seagate Brings Sea Change in Law of Willful Patent Infringement and Privilege Issues,” Southeast Tech Wire, Sept. 17, 2007.
 
“Supreme Court Limits Foreign Reach of U.S. Software Patents,” Southeast Tech Wire, May 21, 2007.
 
Co-author, “Supreme Court Issues Unanimous Decision Broadening the Obviousness Test for Determining Patent Invalidity,” Southeast Tech Wire, May 15, 2007.
 
Co-author, “Life After eBay: Permanent Injunctions No Longer Automatic,” Southeast Tech Wire, Aug. 22, 2006.
 
“Making Your Mark: How to Maximize Patent Damages Period and Avoid Liability by Properly Marking Patented Goods and Giving Actual Notice,” Southeast Tech Wire, Oct. 19, 2004.
 
“Size of Entity Matters: Error in Classifying Self as ‘Small Entity’ Jeopardizes Patent Rights,” Southeast Tech Wire, Jan. 20, 2004.
 
“Welcome to the Festo Hearing: Federal Circuit Ushers In New Era of Pretrial Patent Litigation and Diminishes Ability to Get to the Jury with Doctrine of Equivalents Theory,” Southeast Tech Wire, Oct. 7, 2003.
 
“Patents are Not Always Perfect – But Make Sure Yours Is Before You File that Lawsuit,” Southeast Tech Wire, Mar. 4, 2003.
 
“Patent Infringement Accusations: Discretion is the Better Part of Valor (and the Best Part of a Patentee’s Litigation Avoidance Strategy,” Southeast Tech Wire, Nov. 19, 2002.
 
“In the Wake of Holmes v. Vornado: Patent and Copyright Jurisdiction Now Scattered Throughout Court Systems,” Southeast Tech Wire, Aug. 21, 2002.
 
“Major Patent Ruling Limits Enforcement Against Certain Competitors,” Southeast Tech Wire, Apr. 17, 2002.
 
Co-author, “Time’s Up! Inaction Causes Loss of Patent Rights,” South Carolina Lawyer, Vol. 10, No. 4, p. 32 (Jan./Feb. 1999), quoted in STX, Inc. v. Brine, Inc., 37 F.Supp.2d 740, 760 (D. Md. 1999), aff’d, 211 F.3d 588, 232 F.3d 915 (Fed. Cir. 2000).

Presentations

Presentation titled “Divided Infringement of Method Claims: A Tough Sell” given at Spring 2009 Meeting of Carolina Patent, Trademark, and Copyright Law Association (May 1, 2009).