Intellectual Property Attorneys

Education

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Michael E. Attaya

Michael E. Attaya

Partner

617-951-3030 (tel)
617-951-3927 (fax)

Michael E. Attaya is a partner and former managing partner of the firm. His practice is focused on patent litigation, infringement and validity investigations and opinions, product clearance and freedom to operate investigations and opinions, reexamination proceedings, patent prosecution and client counseling.

Michael has significant experience with a wide range of technologies including programmable multimedia (audio/video) systems; electronics; computer hardware and software; wireless and wireline telecommunications; machine vision; information storage systems; direct methanol fuel cells; graphical programming; networks and digital signal processing.

He represents clients who are enforcing patents and those defending against improper enforcement in both federal district court and the International Trade Commission (ITC). In reexamination proceedings, Michael represents patent owners as well as third parties requesting reexamination.

Representative Matters

  • Inter Partes and Ex Parte Reexamination of U.S. Patent No. 6,993,661
    Representing third party requester NetApp, Inc. in pending reexamination proceeding of a patent asserted in parallel litigation.  All originally issued claims for which reexamination was requested were held unpatentable and cancelled.
  • Inter Partes and Ex Parte Reexaminations of U.S. Patent Nos. 7,123,923; 7,123,922;  6,973,622 and 6,625,454
    We represented third party requester Aruba Networks, Inc. in reexaminations of 4 patents asserted in parallel litigation.  Litigation settled prior to conclusion of reexamination proceedings.
  • Measurement Computing Corp. and SoftWIRE Technology LLC v. National Instruments Corp.
    We represented Measurement Computing and SoftWIRE in a declaratory judgment action brought in Boston against National Instruments (NI), which had asserted eight patents relating to graphical programming against our clients. We prevailed in a venue contest in which NI sought to have the case moved to Texas. During the course of the litigation, we acquired on behalf of our client two patents formerly owned by Fluke Corp. and asserted those patents against NI. The case resolved with NI acquiring the assets of Measurement Computing for approximately $33 million.
  • Young Chang Akki Co., Ltd. v. Lucent Technologies Inc.
    We represented Young Chang, a Korean manufacturer of acoustic pianos and the Kurzweil line of synthesizers, in this declaratory judgment action litigated in Boston. The technology involved digital signal processing circuitry used in music synthesizers. After completion of fact discovery and a Markman hearing, Judge Woodlock issued a lengthy opinion in which Young Chang's claim interpretation was essentially adopted in its entirety. Immediately thereafter, in response to our motion for summary judgment of non-infringement, Lucent admitted that there was no infringement of most of its claims. While that motion was pending, Judge Woodlock ordered that Young Chang's laches defense be tried to the court. Before a decision was rendered, the parties settled on terms very favorable to Young Chang.