Michael A. Siem
Partner
Michael A. Siem is a nationally renowned intellectual property litigator and registered patent attorney with a focus on complex and high-value patent litigation. He represents both patentees and alleged infringers in various federal district courts, and litigates cases in many technological areas, including pharmaceuticals, medical devices, consumer electronics, chemical processes, computer networks, and biotechnology. In the trademark realm, Michael has defended against claims of trademark and trade dress infringement, along with handling proceedings in the Trademark Trial and Appeal Board. Michael’s experience also includes handling trademark litigation under the Anticybersquatting Consumer Protection Act with regard to the use and registration of a website domain name. He also has significant experience in drafting and filing patent and trademark applications. Equipped with a deep understanding of pharmaceutical litigation related to intellectual property and the Hatch-Waxman Act, Michael also maintains a focus on matters related to Abbreviated New Drug Applications (ANDAs). In his patent litigation practice Michael has been lead trial counsel in patent litigation claims, and his trial experience includes arguing motions, conducting direct and cross-examinations of witnesses, and presenting arguments at Markman hearings. In addition to his patent litigation trial experience, Michael has argued at the Virginia Supreme Court, the Eleventh Circuit Court of Appeals, and other state and federal district courts.
Michael dedicates a significant portion of his time to pro bono matters. In 2010, he obtained a reversal and new sentencing hearing in the Virginia Supreme Court for a client who had received a death sentence. He was also lead counsel in a challenge to the constitutionality of lethal injection in the State of Georgia, and obtained an indefinite stay of execution on October 18, 2007 for his client. In recognition of these efforts, Michael was a recipient of the 2008 Thurgood Marshall Award for Capital Representation, given by the Committee on Capital Punishment of the Association of the Bar of the City of New York.
Related Areas
Experience Highlights
Michael currently serves as lead trial counsel in several ongoing matters including representing major universities against alleged infringers and many thought leaders in the technology and pharmaceutical spaces.. Michael has also represented a number of the largest pharmaceutical companies in ANDAs for pharmaceutical products that utilize substances such as fingolimod, bendamustine hydrochloride, and pemetrexed, among many others, and involve the treatment of conditions including relapsing multiple sclerosis, chronic lymphocytic leukemia, advanced non-squamous non-small cell lung cancer, and malignant pleural mesothelioma. In addition, Michael has extensive experience with the Biologic Price Competition and Innovation Act (BPCIA), preparing his clients for litigation and licensing of their technology. He is also a frequent lecturer on the BPCIA.
Michael currently serves as lead trial counsel in a number of high profile trademark and trade dress matters including both trademark holders and alleged infringers. Michael is currently lead counsel in a case representing a non-profit public interest organization against claims of trademark infringement by an affiliated organization coopted by a former employee. Michael is also lead counsel on a matter defending a manufacturer of consumer products against claims of trademark infringement.
Honors & Awards
Martindale-Hubbell Peer Review Rating: AV Preeminent
New York Metro Super Lawyers — Intellectual Property Litigation, 2015, 2018-21
ABA Death Penalty Representation Project Exceptional Service Award, 2012
Thurgood Marshall Award for Capital Representation, 2008
Admissions
- New York
- District of Columbia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Courts for Southern and Eastern Districts of New York
- U.S. Patent and Trademark Office
- U.S. Supreme Court
Education
- University of Michigan Law School, J.D., 2000
- Michigan Telecommunications and Technology Law Review: Associate Editor
- Illinois Institute of Technology, B.S., Chemical Engineering, 1996
Professional Affiliations
- American Bar Association
- Association of University Technology Managers
- New York State Bar Association
- New York Intellectual Property Law Association
Publications & Events
- “Patent Strategy Considerations After Caltech Estoppel Ruling,” Law360, April 15, 2022
- “How Artists Can Curtail Online IP Theft Defended by Fair Use,” (Co-Author), Law360, October 18, 2019
- “The Uphill Battle: Challenging Bio-Pharma in IPRs” (Co-Author), New York Law Journal, March 22, 2019
- “Impact of the USMCA on the Medical Device Industry” (Co-Author), MD+DI, January 11, 2019
- Quoted, “No Tribal Sovereign Immunity at PTAB — What About State Immunity?” Managing Intellectual Property, July 30, 2018
- “Will Sovereign Immunity Shield Patent Owners From IPR Challenges?” (Co-Author), New York Law Journal, May 18, 2018
- “Applicability of §101 Challenges in ANDA Pharmaceutical Litigation” (Co-Author), New York Law Journal, March 23, 2018
- “Exploring New Developments in the Law of Divided and Contributory Infringement and its Continuing Impact and Paragraph IV Litigation,” Taiwan, December 6, 2017
Recent Insights
September 29, 2022
April 18, 2022
February 25, 2022
February 17, 2022
September 30, 2021