Michael H. Smith

Michael H. Smith focuses his practice on securing and enforcing intellectual property rights and providing strategic advice on intellectual property matters.

Mr. Smith represents clients in a wide variety of intellectual property matters. He has counseled clients on patent and other intellectual property issues and helped them obtain patent protection in technology areas including wireless communications and standards, alternative energy, medical devices, semiconductors and microprocessors, image processing, data storage and backup, and computer security. Mr. Smith also helps clients license their intellectual property and advises them on intellectual property legislation and policy matters.

Mr. Smith has extensive experience with intellectual property litigation and post-grant proceedings. Mr. Smith has litigated patents, trade secrets, licensing agreements, and issues relating to unfair competition in a wide variety of technology areas, including computing, communications, lasers and plasma physics, medical devices, product design and mechanical systems. Mr. Smith has also successfully challenged patents before the United States Patent and Trademark Office (USPTO) to drive favorable results in patent litigation. He has invalidated the challenged claims of multiple patents asserted in related litigation through inter partes review proceedings at the USPTO and has used such proceedings to obtain favorable settlements. 

Prior to joining the firm, Mr. Smith worked at the San Francisco Public Defender's Office, assisting with the representation of individuals charged with felony offenses.

During law school, Mr. Smith represented low-income clients in civil and criminal matters through the Stanford Community Law Clinic. Mr. Smith also completed internships at the Department of Defense Office of the General Counsel and at the International Atomic Energy Agency, where he worked on issues relating to national security, technology and international law.

Mr. Smith has also worked as an undergraduate researcher at UCLA, studying issues relating to image processing, sensor networking, and the intersection of film and technology.

Professional Activities

  • Adjunct Professor of Law, Georgetown University Law Center
  • PTAB/TTAB and Parallel Proceedings Subcommittee, Federal Circuit Bar Association's PTAB and TTAB Committee 
  • Planning Committee, PTAB Bar Association Inaugural Conference 


Recent Highlights

Intellectual Property Litigation and Post-Grant Proceedings

  • Obtained institution of 10 inter partes review proceedings before the USPTO on all challenged claims of six patents related to lasers and plasma light sources
  • Successfully invalidated challenged patent claims relating to web security through inter partes review proceeding before the USPTO
  • Successfully invalidated challenged patent claims relating to knee replacement surgery through inter partes review proceeding before the USPTO
  • Obtained favorable settlement of patent infringement allegations relating to semiconductor manufacturing after challenging more than 300 claims across 10 patents through inter partes review proceedings before the USPTO
  • Successfully represented client in ITC litigation relating to wireless communications patents from investigation institution through trial and presidential review

Intellectual Property Procurement and Counseling

  • Currently managing team of attorneys prosecuting portfolio of more than 650 patent applications filed since 2013 for a high-tech client
  • Obtained strategic patent protection for clients in technology areas ranging from signal processing to alternative energy and medical devices

Intellectual Property Licensing

  • Advised prominent cultural institution on multiple licensing matters involving copyrights and other intellectual property for applications including web and mobile devices

Insights & News


  • Education

    • JD, Stanford Law School, 2009

      Associate Managing Editor, Stanford Journal of International Law
    • BS, Electrical Engineering, University of California, Los Angeles, 2005

      summa cum laude
  • Admissions

    • California

    • District of Columbia

    • United States Patent and Trademark Office