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Michael R. O’Neill is a partner in the law firm of McDermott Will & Emery LLP based in the Orange County office. As a member of the Firm’s Intellectual Property, Media & Technology Department, Michael is the co-head of the Orange County office intellectual property practice group.
Michael is a trial attorney with significant experience trying cases in both federal and state courts involving a wide variety of subject matters and issues. Michael has tried cases for plaintiffs resulting in multi-million dollar verdicts and has successfully defended parties against multi-million dollar claims.
Michael’s primary practice areas include patent infringement litigation and related counseling. Michael has been involved in many major patent cases relating to semiconductor devices and processing, computer hardware and software, video game graphics, internet applications, biomedical devices and emerging technologies.
Beyond intellectual property, Michael also has significant experience representing clients in general trial and commercial litigation matters, including cases involving contract disputes, product liability and professional malpractice.
Representative Experience
Presently representing a Fortune 100 company in several patent cases relating to building automation and energy management technology.
Recently obtained a favorable ruling from the Eastern District of Texas finding that all claims of the opposing party's patent were invalid for indefiniteness.
Successfully defended a biotechnology company in a patent case pending in the Eastern District of Texas, which resulted in a dismissal of all claims and a favorable resolution of the client’s inequitable conduct claim.
Recently represented a major oil company in a series of high profile product liability cases involving alleged releases of the gasoline oxygenate methyl tertiary butyl ether (MTBE).
Obtained a favorable verdict for a plaintiff at trial, which resulted in a published appellate decision that clarified the duties of attorneys who undertake the role of escrow agents.
Successfully defended a client at trial in a product liability action involving claims of a defective pipeline
Michael is actively involved in the Firm's pro bono program and has successfully represented clients in prisoner's rights and unlawful detainer actions.
Michael is a member of the California State Bar and is licensed to practice before all of the courts of that state, as well as before the Ninth and Federal Circuit Courts of Appeal.
While at Rutgers University, Michael was inducted into the Beta Gamma Sigma and Alpha Sigma Lambda National Honor Societies. While at Pepperdine, he was inducted into the Phi Delta Phi legal fraternity and also served as the lead articles editor for the Pepperdine Law Review.
Michael has authored many articles and is a frequent presenter on various legal topics, including patent law, trial practice, video game law, discovery, the use of expert witnesses and legal ethics. He also has taught courses in trial advocacy at Whittier Law School and the use of expert witnesses and expert liability at California State University, Long Beach.
Education
Pepperdine University School of Law, J.D. (magna cum laude), 1994
Rutgers University, B.S. (with honors), 1989 | 