Education

Boston University School of Law
JD, 1994, magna cum laude

University of Vermont
BA, 1989

Admissions

Massachusetts

New York

US Court of Appeals, First & Federal Circuits

Clerkship

Hon. Nancy Gertner of the US District Court for the District of Massachusetts

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    52 attorneys at the firm – 79 percent of the firm’s equity partners – have been selected for inclusion in The Best Lawyers in America® 2016.  Read more...

Michael H. Bunis

Practice Group Leader

t 617-248-4030   f 617-248-4000

Michael Bunis, co-chair of the firm's Intellectual Property Litigation Practice Group, is a leading litigator with more than 20 years of experience representing technology and life sciences companies in high stakes litigation and other complex IP related disputes.  He has been recognized by The Legal 500, Best Lawyers in America and as a Massachusetts Super Lawyer.  Mr. Bunis is a member of the firm’s Executive Committee.

Practice Focus

Intellectual Property Litigation: counsels operating companies and private equity firms in all aspects of intellectual property from litigation of disputes to negotiation of complex licensing agreements to the acquisition of intangible assets.

Representative Engagements

  • Member of the trial team for Hewlett-Packard in jury trial in Santa Clara County Superior Court.  Litigation related to Oracle’s unilateral decision to stop porting its software to HP’s Itanium mission critical server platform in violation of an agreement between the companies.  After five week trial, jury returned a verdict in favor of Hewlett-Packard awarding $3 billion in HP’s favor and rejecting Oracle’s counterclaim entirely. Hewlett-Packard Company v. Oracle Corporation
  • Representation of EMC in several cases relating to former key employees who left company to found commercial rival using stolen trade secrets.  EMC has already obtained preliminary injunction in two of the cases.  In addition, three arbitration matters are pending versus former employees for violations pertaining to key employee contract violations.
    EMC Corporation v. Pure Storage, Inc., D Mass
  • Representation of New England BioLabs, leader in production of and supply of reagents for life sciences industry, regarding theft of trade secrets by former employees and founders with respect to new company.
    New England BioLabs v. Enzymatics, D Mass
  • Representation of Avis Budget Group and The Hertz Corporation in patent infringement suit involving transactions on the Internet.  Secured stay of district court litigation after successful challenge to patents at US Patent and Trademark Office.
    Pi-Net v. Avis, Hertz, Budget, CD Cal
  • Representation of major pharmaceutical company in in dispute relating to milestone payments.
  • Representation of NeuroLogica, a mobile CT manufacturer in several trade secret complaints and in patent case related to computed tomography of detector arrays, scintillator crystals and data acquisition systems.
    NeuroLogica v. Analogic, D Mass
    NeuroLogica V. Mobius Imaging LLC, Mass Superior Court
  • Representation of Polartec, LLC in enforcement action against Taiwanese manufacturer of “knock-off” infringing goods that were shipped to United States and in lawsuit alleging infringement of patent directed three-end-fire-resistant-fleece used for a fire fighter’s turnout coat.
    Polartec v. Kingwhale, et al., D Mass
    Southern Mills, Inc. v. Polartec LLC, ND Ga
  • Representation of Facet Technologies, LLC, a manufacturer and seller of reusable lancet medical devices designed for testing blood glucose levels in patent infringement action.
    Stat Medical Devices Inc. v. Facet Technologies, LLC, et al., D Del
  • Represented Respondent Japanese manufacturer of probe cards in United States International Trade Commission Section 337 Investigation.  Trial victory on behalf of client.
    In the Matter of Certain Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices, Investigation No. 337 – TA – 621
  • Representation of Internet Portal Lycos in patent infringement action related to Internet dating services. Negotiated pre-discovery resolution on extremely favorable terms.
    Netdate of Texas, LLC v. Lycos, ED Tx
  • Representation of Kyphon in asserting patents directed to balloon kyphoplasty procedures. Litigation included claim of misappropriation of trade secrets by Medtronic. Dispute resolved through Medtronic's $3.9 billion purchase of Kyphon. Kyphon v. Medtronic, WD Tenn
  • Representation of software manufacturer as both plaintiff-patentee and defendant-accused infringer in two separate, simultaneous litigations related to Device Relationship Management Systems.
  • Representation of Stride Rite against infringement action brought by individual inventor in District of Maryland. Negotiated settlement agreement with total indemnification from supplier.
    Cherdak v. Stride Rite Corporation, SD Fla
  • Representation of iRobot, a publicly traded provider of tactical military robots, in trade secret and patent infringement suit against industry competitor. iRobot was awarded $300 million contract with the United States Military for supply of tactical robots to soldiers in Iraq and Afghanistan.
    iRobot Corporation v. Robotic FX, Inc., D Mass

Publications and Presentations

  • “Could Your Cure Walk Out the Door?,” co-author, Corporate Counsel, January 2016.
  • Halo V. Pulse: The Willfullness Debate Rages On,” co-author, IP Law360, May 2015.
  • “Peregrine Puts Hired-to-Invent Issues in Spotlight,” co-author, IP Law360, July 2014.
  • “Searching for ‘Reasonable Particularity,’” co-author, Intellectual Property Magazine, June 2014.
  • “Lawyers Weigh in on High Court's Patent Rulings,” quoted, IP Law360, April 2014.
  • “You Need to Work Harder to Fight Trade Secret Theft,” co-author, IP Law360, August 2013.
  • "Trade Secrecy: Massachusetts Update," speaker, 16th Annual New England Intellectual Property Law Conference 2013, Boston, June 2013.
  • “Q&A With Choate’s Michael Bunis,” featured, IP Law360, March 2013.

Professional and Community Involvement

Mr. Bunis formerly served as an adjunct faculty member of Boston University School of Law and is a regular lecturer at the Gordon Engineering Leadership Program at Northeastern University.  He is also a member of the Federal Circuit Bar Association and co-chair of the Boston Patent Law Association Trade Secret Committee.

 

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