Michelle Marek

Michelle Marek

Associate

Michelle Marek focuses on patent litigation in federal district courts. She has litigated patents in a broad range of technology in the software and hardware fields. Ms. Marek has substantial experience in all stages of patent litigation, including trial and pretrial work, drafting dispositive motions, deposition preparation, developing claim constructions and invalidity and non-infringement theories, and managing complex discovery issues. 

Most recently, on behalf of Google Inc., Ms. Marek was part of a trial team that won a verdict of non-infringement of all five patents asserted against Google by ContentGuard Holdings, Inc. 

In addition to her patent litigation practice, Ms. Marek has litigated cases involving copyright and trade dress infringement, misappropriation of trade secrets, and unfair competition. She has also represented public companies in Department of Justice and States Attorney investigations.

Ms. Marek also has gained experience in several pro bono cases. Most notably, she was part of a team that successfully represented an individual in a Section 1983 excessive force case, and received an Award of Excellence in Pro Bono and Public Interest Service from the Northern District of Illinois in recognition for her work. She has represented an Eritrean woman and a Togolese man who were seeking political asylum in the United States, and also has represented individuals in several family law and domestic violence cases.

Ms. Marek currently serves on the firm’s Pro Bono Committee.

Experience

  • Google and Motorola Mobility in patent cases in the Eastern District of Texas relating to digital rights management technology. Secured jury verdict of non-infringement of all five asserted patents. 
  • Ateliers de la Haute Garrone in the District of Delaware against Brotje Automation, in which we asserted claims of patent and trade dress infringement and unfair competitions claims relating to aviation riveting technology. The jury returned a verdict in favor of AHG regarding all patent and non-patent claims, and awarded compensatory and punitive damages. 
  • Wolverine Trading and Wolverine Execution Systems in patent infringement/invalidity actions relating to claimed methods for automatically executing securities and derivatives trades.  
  • OptionsXpress Holdings in an infringement/invalidity action relating to patents claiming various electronic trading systems and methods. 
  • OptionMonster Holdings in a trade secret misappropriation and breach of contract action relating to development of electronic retail trading platforms.
  • Avery Dennison in patent infringement/invalidity actions relating to self-adhesive label assemblies.
  • Private health care company in a Department of Justice FCPA investigation.
  • Public drug retail company in a United States SEC investigation.

Credentials

Education
  • JD, DePaul University College of Law, 2008, cum laude, Certificate in Intellectual Property: Patents; DePaul Law Review, member (2007-2008)
  • BA, Chemistry and Spanish, University of Illinois, Urbana-Champaign, 2005, James Scholar
Admissions
  • Illinois
  • US District Court, Northern District of Illinois
  • US Court of Appeals for the Federal Circuit
Activities
  • Member, WAVE, (the firm’s associate and counsel women’s group) 

  • Member, Richard Linn American Inn of Court

  • Member, Chicago Volunteer Legal Service’s Junior Board

Languages
  • English
  • Polish
  • Spanish
Overview

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