Summersgill, Michael J.

Michael J. Summersgill

Mr. Summersgill's practice focuses on intellectual property and commercial litigation. He represents clients—such as Intel, Ford Motor Company, Bank of America, Eastman Kodak Company, Vonage and Vanguard—in a variety of jurisdictions across the country. He has successfully tried multiple cases before the International Trade Commission (ITC) and in the federal district courts. He has also argued appeals to the Federal Circuit and the First and Ninth Circuit Courts of Appeals.

Mr. Summersgill served as an Assistant District Attorney for the Commonwealth of Massachusetts for six months in 2002. As an ADA, he tried 20 cases to verdict.

Community Involvement

Mr. Summersgill serves on the Advisory Board of the RFK Children's Action Corp., a charity dedicated to helping disadvantaged children.

Experience

    • Led a significant victory for a content delivery network provider when the Delaware Supreme Court affirmed the dismissal of a lawsuit brought by a competitor, asserting breach of a settlement agreement between the parties. Following this win, Mr. Summersgill led the achievement of a successful settlement for our client that concluded a series of patent disputes between the parties that had been outstanding for two years (2018).
    • Led a victory on behalf of our client, a field service management software company, in a patent infringement action involving a device and method for organizing digital images filed by a non-practicing entity (2017).
    • Led a win on behalf of Infineon Technologies in a trademark infringement action filed against Infinition, Inc. in the Northern District of California. Infinition ultimately agreed to drop its EU, US and Canadian trademark applications and never re-file similar trademark applications in any jurisdiction (2017).
    • Led a significant victory for Intel Corporation, when the US District Court for the District of Oregon granted Intel's motion for summary judgment, finding that all claims brought by non-practicing entity Memory Integrity, LLC, were barred by a covenant not to sue. The decision resolves at the district court level a five-patent litigation that had played out in three separate jurisdictions for more than two-and-a-half years (2016).
    • Represented a global car manufacturer in a four patent trial related to collision avoidance and infotainment technology in the Western District of Washington. The jury found in favor of our client and also found the plaintiffs and their CEO had misappropriated our client's trade secrets (2015). 
    • Following a transfer from the Eastern District of Texas, obtained a stay pending reexam, then a finding from the USPTO that all asserted claims of the asserted patent were invalid for a major medical device manufacturer. The case was dismissed with prejudice (2014). 
    • After presenting non-infringement and invalidity arguments, favorably settled a two patent case brought by a non-practicing entity for a major investment management company in the District of Delaware (2013).
    • First-chaired trial in a patent licensing dispute in the District Court for the Southern District of New York. The jury found in favor of our client and awarded $75 million in damages. Eastman Kodak Company v. Ricoh Company, Ltd. (2013).
    • Following a claim construction ruling in our client's favor in the Eastern District of Texas, obtained a favorable settlement for a major computer manufacturer in a six patent case (2013).
    • After presenting non-infringement and invalidity arguments, achieved a favorable settlement for an investment management company in a patent infringement case in the Eastern District of Pennsylvania (2013).
    • Co-tried multiple patent ITC action on behalf of three Fortune 500 technology companies. The ITC found in favor of our clients, terminating the investigation with a finding of no violation that was later affirmed on appeal by the Federal Circuit. X2Y Attenuators LLC v. International Trade Commission et al. (2012).
    • Represented global car manufacturer in a patent infringement case against a non-practicing entity in the Eastern District of Texas. The Judge dismissed with prejudice all of plaintiff's claims against our client.
    • First-chaired breach of contract, trade secret trial in District of New Hampshire for manufacturer of computer mouse products. The jury found in favor of our client on all counts, awarded our full damages claim, and awarded enhanced damages. Contour v. Chance (2011).
    • Co-tried a seven patent ITC action on behalf of major computer manufacturer. The ITC found in favor of our client on all claims of all patents asserted (2010).
    • Favorably settled patent infringement claims for major telecommunications provider in the Eastern District of Texas. We settled with no payment to plaintiff, a license to all of their patents and a full release.
    • Co-tried and led a team of 40 lawyers in three related and co-pending ITC actions. The ITC found in favor of our client on all claims of all patents asserted. Kodak v. Samsung/LG (2009).
    • Favorably settled patent infringement action filed in the Eastern District of Texas against a Japanese multinational corporation that specializes in digital entertainment products. We obtained a license to all of the plaintiff's patents, a full release and dismissal for a nuisance settlement (2009).
    • Co-tried a jury trial in the Eastern District of Pennsylvania. The jury found in favor of our client on all patents asserted. Medtronic v. Globus (2008).
    • Led a team of 30 lawyers in a six patent case pending before the ITC. The ITC found in favor of our client on all claims of all six patents. Broadcom v. SiRF (2008).

Recognition

  • Recommended in the 2016 and 2017 editions of The Legal 500 United States for healthcare: life sciences and intellectual property: patent litigation: full coverage.
  • Profiled among The National Law Journal's “Winning” lawyers in the 2015 special feature focusing on winning attorneys and their strategies.
  • Named a "Massachusetts Super Lawyer" in intellectual property litigation in the 2017 edition of Boston Magazine, and named a "Rising Star" in 2005, 2006, 2007 and 2010.
  • Recognized by the Boston Business Journal in 2009 as one of Boston's top "40 Under 40."

Insights & News

Credentials