Michael J. Flynn

Partner

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(302) 498-6217 F

Michael represents clients as lead or Delaware counsel in litigation primarily in the District of Delaware in a wide variety of industries, with a particular focus on web-based technology, networking, biotechnology and consumer products.  Representative clients include Amazon.com, Aruba Networks, Bayer Healthcare, Becton Dickinson, Cisco Systems, Denon, f’real Foods, Gillette, GoPro, Nespresso, Orbitz, Rite Aid, RSB Spine, Sprint, Staples, Symantec, Thermo Fisher Scientific, Trend Micro, UCB, and Xilinx. As of 2019, he has represented clients in more than 200 intellectual property cases.

Chambers USA recognized Michael as an “associate to watch” in 2016 and 2017, and as “up and coming” in 2018 and 2019 for Delaware Intellectual Property.  Michael devotes a portion of his time to pro bono matters and serves on several Morris Nichols committees, including its Diversity and Recruiting Committees.

Prior to law school, Michael worked as a consultant on public policy and legislative advocacy on local, state, and national issues with an emphasis on technology, environmental issues, and strategic business development.  For several years, he hosted a public affairs radio program on Delaware’s leading news station, and frequently appeared on radio and television news shows.

As an entrepreneur, Michael has owned and managed several businesses, including an Internet applications firm that developed web solutions for Fortune 500 companies, regional banks and national retailers.  In that role, Michael gained technical experience in web-based solutions for customer retention and integration between online and bricks-and-mortar businesses.

Professional Activities

  • American Bar Association (Intellectual Property Law, Business Law, and Litigation Sections)
  • American Intellectual Property Law Association
  • Delaware State Bar Association
  • Federal Bar Association
  • Federal Circuit Bar Association
  • Richard S. Rodney Inn of Court
  • 2017 Federal Trial Practice Seminar, sponsored by the U.S. District Court for the District of Delaware and the Federal Bar Association

Representative Matters

  • Represented f’real Foods, LLC and Rich Products Corporation to a successful jury verdict in patent litigation concerning patents covering self-cleaning blenders.
  • Represented API Industries in patent infringement case concerning elastic drawstring trashbags. Successfully represented API as lead counsel in district court, in the Federal Circuit, and in Supreme Court proceeding.
  • Represented UCB, Inc. in Hatch-Waxman ANDA cases concerning patent covering Neupro® rotigotine transdermal system.
  • Represented D&M Holdings Inc. in two patent litigation actions involving Denon’s wireless home audio products.
  • Represented biotechnology company Thermo Fisher Scientific Inc. in multiple patent infringement actions concerning PCR systems.
  • Counsel to Symantec Corp. in patent cases concerning data storage and backup systems.
  • Obtained successful jury verdict for C.R. Bard in case concerning stent graft devices. W.L. Gore & Associates Inc. et al v. C.R. Bard Inc.
  • Obtained rare summary judgment decision for Bloomberg and Charles Schwab in patent infringement case concerning mobile device app technology.
  • Represented Agilent Technologies Inc. as lead counsel in case involving nucleic acid arrays.
  • Represented Orbitz in patent infringement action involving data storage systems.

News

Chambers USA 2019 Ranks Morris Nichols Top Tier for Four Delaware Practices; 26 Attorneys Named Leading Delaware Practitioners

Wilmington, DE (April 25, 2019) – The 2019 edition of Chambers USA: America’s Guide to Leading Lawyers for Business has again ranked Morris, Nichols, Arsht & Tunnell LLP as a leading Delaware law firm in four practice categories. For more than a decade, Morris Nichols has consistently been ranked Band 1 in Chambers’ Delaware tables for... Continue Reading

Chambers USA 2018 Recognizes Morris Nichols as Top-Tier Delaware Law Firm

Wilmington, DE (May 3, 2018) – Morris, Nichols, Arsht & Tunnell LLP has been ranked Band 1 in four Delaware practice categories in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. The firm was ranked in the highest tier for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and... Continue Reading

Morris Nichols Promotes Kate Betterly, Brian Egan, Michael Flynn and Dan Matthews to Partner

Wilmington, DE (December 26, 2017) – Morris, Nichols, Arsht & Tunnell LLP is pleased to announce that Kate Betterly, Brian Egan, Michael Flynn and Dan Matthews will become partners, effective January 1, 2018.  “We are thrilled that these outstanding attorneys will be partners at Morris Nichols, and we congratulate them on reaching this... Continue Reading

Chambers USA 2017 Ranks Morris Nichols Band 1 in Four Delaware Practice Areas; 23 Morris Nichols Attorneys Recognized Among the Best in Delaware

Wilmington, DE (May 26, 2017) – The 2017 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-three... Continue Reading

Chambers USA 2016 Ranks Morris Nichols Band 1 in Four Delaware Practice Areas; 25 Morris Nichols Attorneys Recognized Among the Best in Delaware

Wilmington, DE (May 27, 2016) – The 2016 edition of Chambers USA: America’s Leading Lawyers for Business again ranked Morris, Nichols, Arsht & Tunnell LLP as a Band 1 law firm in the Delaware categories for Bankruptcy/Restructuring, Chancery, Corporate M&A & Alternative Entities, and Intellectual Property. Twenty-five Morris... Continue Reading