Michael Pavento focuses his practice on intellectual property law. He advises established companies and start-up ventures in a wide range of intellectual property matters, including the procurement and exploitation of intellectual property rights and the management of intellectual assets.
Mr. Pavento regularly evaluates patent rights and renders opinions with respect to invalidity, infringement and freedom-to-operate issues and design-around options. He has developed offensive and defensive litigation strategies with respect to patent infringement, patent invalidity and related issues. Mr. Pavento also regularly prepares and prosecutes domestic and international patent applications and manages domestic and international patent portfolios. He also handles patent reexamination and reissue proceedings. Mr. Pavento's areas of core technical competence include: telecom, computers and networking systems, software, e-commerce, electronic transaction processing, on-line banking, mechanical devices, bioinformatics and business methods.
Mr. Pavento has extensive experience negotiating and drafting complex intellectual property licensing agreements and other technology transfer and development agreements, as well as M&A agreements. He also has significant expertise in matters relating to open source software licensing. He regularly advises clients on transactional matters and has performed countless intellectual property due diligence studies and competitive analyses in support of corporate mergers, acquisitions, IPOs and other transactions.
Mr. Pavento also prepares and prosecutes applications for state and federal trademark registrations, renders trademark clearance opinions and advises clients as to trademark usage and enforcement strategy. He counsels clients regarding protection and enforcement of copyrights and prepares applications for federal copyright registrations. He was recognized in 2012 and the two years immediately preceding as a Georgia "Rising Star" in the area of Intellectual Property by SuperLawyers Magazine.
Professional & Community Activities
American Bar Association, Member
American Intellectual Property Law Association, Member
Georgia State Bar Association, Member
Licensing Executives Society, Member
Syracuse University Alumni Club, Member
University of Southern California Alumni Club, Member
Industries
Technology & Software; Telecommunications; Manufacturing; Financial Services; Aerospace & Defense
Experience
Patent licensing and other IP agreements for global agricultural equipment company, Over the past several years, has drafted and/or negotiated the majority of IP agreements entered into by the client, working closely with in-house IP counsel and business leaders in connection with the same.
Strategic patent counseling services to Red Hat Inc., Provides strategic patent counseling services to Red Hat Inc., the most recognized open-source software company in the world. Analyzes and renders legal opinions with respect to numerous patents owned by its competitor, as well as conducts due diligence investigations and advises the company in connection with proposed acquisitions of third-party patent portfolios. Drafts and negotiates patent license agreements, patent purchase agreements and other IP agreements.
Karl Storz Endoscopy-Am., Inc. v. Stryker Inc., Represented Smith & Nephew Endoscopy-Andover in a patent infringement litigation brought by KarlStorz Endoscopy-America Inc. that included several patents directed to systems for controlling operating room equipment. Case settled.
Karl Storz Endoscopy-Am., Inc. v. Stryker, Inc., No. 07-02702 (W.D. Tenn. filed Nov. 2, 2007).
Verizon Services Corp. v. Cox Fibernet Va., Inc., Lead counsel on behalf of Cox Communications, which was accused of infringing a competitor's patents relating to voice over IP technology. We obtained a jury verdict of no patent infringement of six patents and invalidity of two patents. Affirmed by the Federal Circuit.
Verizon Servs. Corp. v. Cox Fibernet Va., Inc., No. 08-157 (E.D. Va. filed Jan. 11, 2008).
Corporate and intellectual property counseling for Global Green Power Inc., Represents Global Green Power, Inc. in corporate and intellectual property matters relating to the production of electricity generators powered by alternative energy sources. Services to date have included patent and trademark prosecution and patent licensing.
Patent prosecution and counseling for a wireless technology and services provider, Provides patent procurement and counseling services to a world-leading provider of wireless technology and services. The firm works with the company's technical personnel and in-house legal counsel to identify and strategically protect the company's innovations, conducts patent due diligence and clearance analysis for the client.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
09 February 2012, PTO Proposes Rules for New Post Grant Proceedings, Legal Alerts
14 December 2010, The Supreme Court Takes a New Case on the Standard for Invalidating Patents
Source: opensource.com, Articles
28 June 2010, Supreme Court Rejects Bright-Line Test For Patentable Subject Matter, Legal Alerts
03 September 2009, Intellectual Property Innovations Class: Protecting Your Company's IP and Technology, Podcasts
07 May 2009, IP Innovations Class: Joint Patent Infringement After Muniauction; Standards Bodies and Patent Disclosures After Broadcom, Podcasts
01 January 2009, Applicability of the Common Interest Doctrine for Preservation of Attorney-Client Privileged Materials Disclosed During Intellectual Property Due Diligence Investigations
Source: Intellectual Property Desk Reference, Other Publications
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
02 March 2011, Kilpatrick Townsend Once Again Achieves Top Recognition in 2011 Georgia Super Lawyers, News Releases
01 February 2011, Kilpatrick Townsend Wins Pro Bono Law Firm of the Year and Jim Coil Named A Volunteer of the Year, News Releases
04 March 2010, Kilpatrick Stockton Ranked Number One in Five 2010 Georgia Super Lawyer Categories, News Releases
Events
01 August 2011, Parallel Universes: Interplay Between Reexamination and Litigation, Events
03 September 2009, IP Innovations Class: Protecting Your Company's IP and Technology, Events
01 August 2009, Protecting Your Company's IP and Technology, Events
07 May 2009, IP Innovations Class: Joint Patent Infringement After Muniauction; Standards Bodies and Patent Disclosures After Broadcom, Events