Michael J. Abernathy concentrates on patent, trade secret, and antitrust litigation. As co-leader of the firm’s IP disputes practice and life sciences industry initiative, and a former member of the firm’s Advisory Board, Mike has first chair trial experience and is highly sought after by clients that face significant “bet-the-company” litigation. He has successfully tried pharmaceutical and technology cases to juries across the United States and has trial experience in Hatch-Waxman cases, Section 337 investigations in the US International Trade Commission, and importation disputes in the Court of International Trade.
IAM Patent 1000 described Mike as follows in its most-recent rankings: “At trial, Abernathy is a compelling storyteller, but never strays from the substance of his case. He is not afraid to give clients hard advice, which has earned him longstanding relationships of trust.”
With 35 years of litigation experience, Mike frequently advises corporations on the Biologics Price Competition and Innovation Act (BPCIA), the Hatch-Waxman Act, strategic use of intellectual property assets, post grant review, licensing programs, and patent due diligence issues. He also has litigated emergency injunction proceedings involving pharmaceuticals and medical devices, computer software, and industrial espionage.
A frequent speaker, Mike has presented lectures on trial advocacy to the National Institute for Trial Advocacy, the Practising Law Institute, the International Trademark Association, the Northwestern University School of Law, the Bureau of National Affairs, PricewaterhouseCoopers National Expert Forum, and the National Business Institute. His topics include effective presentation of electronic demonstratives, use of electronically stored information under the Federal Rules of Evidence, and retention of technical and damages experts.
Member, Life Sciences Editorial Advisory Board, Law360 (2020)
Ranked, Intellectual Property, Illinois, Chambers USA (2020)
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Member, Litigation Department of the Year–Intellectual Property, The American Lawyer (2019)
Recognized, Litigation – Intellectual Property, Chicago; Trademark Law, Chicago, The Best Lawyers in America (2014–2020)
Recognized, IP Patent Star – Illinois, Managing Intellectual Property (2018–2020)
Recommended, Intellectual property: Patents: litigation (full coverage), The Legal 500 US (2019, 2020)
Recommended, Industry focus – Healthcare – life sciences, The Legal 500 US (2017–2020)
Recognized, IAM Patent 1000: The World’s Leading Patent Professionals (2016–2020)
Life Sciences Star, Intellectual Property, LMG Life Sciences (2016–2020)
Recognized, Illinois Leading Lawyer, Intellectual Property Litigation, Illinois Super Lawyers (2010–2018)
Recognized, Intellectual Property Litigation, Illinois Super Lawyers (2010–2018)
Recognized, Top Ten IP Lawyers, United States Lawyers Rankings
Faculty, National Institute for Trial Advocacy
Adjunct professor of clinical trial advocacy, Northwestern University School of Law
Copyright © 2021 Morgan, Lewis & Bockius LLP. All rights reserved.