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Michael Kelleher is a litigation partner in FLK's San Francisco office, and chair of its intellectual property practice group. Mr. Kelleher's practice involves intellectual property litigation and counseling, complex commercial litigation, and electronic discovery.
Mr. Kelleher joined FLK in 1993 after a clerkship to Judge Harold Fong, United States District Court for the District of Hawaii. During law school, Mr. Kelleher served as an extern for Justice Armand Arabian of the California Supreme Court. Before law school, Mr. Kelleher served in the United States Navy as a division officer on board the USS Grayling (SSN 646), including service as Reactor Controls Officer, Communications Officer, and Damage Control Officer.
Representative Matters
Representing Cisco in its iPhone® trademark suit against Apple.
Representing People Soft in unfair competition litigation against Oracle arising from Oracle's hostile tender offer for People Soft.
Defending Cardio Net, a heart monitoring company, against patent infringement claims asserted in the Western District of Pennsylvania.
Pre-litigation counseling and litigating regarding trade secret, non-compete and non-solicitation issues arising from employee departures.
Representing a provider of energy management computer systems in trade secret, copyright and unfair competition claims against former employees.
Defending a manufacturer of eyeglass lenses in trade secret litigation in Oklahoma state and federal courts involving the design of progressive lenses (commonly known as "lineless bifocals").
Defending a software company accused of fraud and breach of contract in a Y2K class action.
Representing a buyer of a savings and loan in a breach of contract trial against the federal government in the United States Court of Federal Claims.
Publications
Developing Winning IP Strategies through an Early Understanding of Client Goals and the Evidence, First Printing 2007
Setting the E-Discovery Agenda for Your Case, Mealey's Litigation Report: Discovery, Vol. 4, #5 (February 2007).
Grokster - New Forms Of Liability At The Doorstep Of VCs And Advertisers?, Mealey's Litigation Report: Intellectual Property, Vol. 15, #7 (January 2007)
Aesthetics vs. Science: How Protection For A Product's Appearance Might Outlast Patent Protections, Mealey's Litigation Report: Patents, Vol. 14, #14 (December 2006)
Presentations
Early Case Assessment Methods, CLE Webinar (December 2007)
The New Federal E-Discovery Rules and Their Impact on In-House IP Counsel, California State Bar Intellectual Property Law Section Meeting (May 2007)
Electronic Discovery after the New Federal Rules: Strategies for Coping With the Latest Challenges and Intricacies, Los Angeles, CA (February 2007)
Computer Forensic and E-Discovery Tools, Association of Corporate Counsel, Southern California Chapter (March 2007)
Sipping From the Fire Hose - Techniques for Surviving and Winning Complex Litigation, LexisNexis Webinar (December 2006)
Loyola IP Focus, Ethical Issues in Patent Litigation, (November 2006)
Education
University of California at Berkeley, Boalt Hall School of Law (J.D., 1992, Order of the Coif, member of California Law Review).
University of Utah (B.A. in Chemistry, 1984, magna cum laude).
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