Michael L. Kiklis focuses his practice on patent litigation as well as trials at the USPTO’s Patent Trial and Appeal Board. He frequently handles high-stakes matters, having been involved in several cases in which over $1 billion was at stake.
Mr. Kiklis has twenty years of experience as an intellectual property attorney and has been involved in numerous intellectual property disputes, ranging from cross-licensing and pre- litigation negotiations to full-blown, bet-the-company litigations. Mr. Kiklis has extensive experience in both enforcing his clients’ rights as well as defending his clients. Before joining Oblon Spivak, he was an IP litigation partner at Akin Gump Strauss Hauer & Feld, LLP in the firm’s D.C. office.
With a strong background in computer science, Mr. Kiklis also has extensive experience in software patent matters. Prior to entering law school, he worked as a software developer for six years at some of the computer industry’s leading companies.
Mr. Kiklis is a frequent lecturer and author on cutting-edge intellectual property issues, including the Supreme Court’s patent law jurisprudence, patentable subject matter under 35 U.S.C. § 101, as well as the new contested proceedings at the USPTO’s Patent Trial and Appeal Board. In fact, he is the author of The Supreme Court on Patent Law, which has been called “a great resource” that fills “a critical gap in our understanding of modern American patent law.” He is also a co-author of the firm’s Post- Grant Patent practice group.
Mr. Kiklis is also active in pro bono matters. In coordination with the International Senior Lawyers Project, he taught the first-ever intellectual property class in the LLM Program of the National University of Rwanda and served as the thesis advisor to several LLM students.
Represented a software company in the successful enforcement of its patent against virtually an entire industry of over thirty companies—including Microsoft and IBM—in two patent litigations in the Eastern District of Texas, resulting in favorable settlements
Represented a major computer company in its landmark antitrust case against Microsoft, resulting in a $1.95 billion settlement
Co-counsel on the first Covered Business Method Patent Proceeding filed at the USPTO’s Patent Trial and Appeal Board.
Currently representing clients in several Covered Business Method Patent and Inter Partes
Review proceedings before the USPTO's Patent Trial and Appeal Board
Represented a national organization of legal professionals as co-author of a Supreme Court amicus brief in Bilski & Warsaw v. Kappos
Represented a financial services company in defense of a claim of patent infringement on a business method patent, resulting in a favorable settlement
Represented a trade association as co-author of a Supreme Court amicus brief in Quanta Computer, Inc. v. LG Electronics, Inc.
Represented several large software/computer companies in cross-licensing negotiations with IBM and other high technology companies
Represented a large computer company as opinion counsel in defense of a software patent infringement case where over $1 billion was at stake; the plaintiff dropped its willfulness claim.
Intellectual Asset Management (IAM) Patent 1000: The World’s Leading Patent Practitioners, named to its list of the top 1000 patent attorneys in the world; recognized in the Washington, D.C. Metro Area for his patent Litigation work (2014)
Listed as one of 2013 and 2014's IP Stars in the United States, as well as Virginia, by Managing Intellectual Property.
Computer Science Distinguished Alumni Award given at the 30th anniversary celebration of Computer Science at Boston University Metropolitan College.
Recipient, U.S. Patent and Trademark Office Society's Rossman Award given to the author of the article in the Journal of the Patent and Trademark Office Society that makes the greatest contribution to the field of patents, trademarks or copyrights.
District of Columbia
Registered to practice before the U.S. Patent and Trademark Office
Supreme Court of the United States
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the District of Columbia
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Eastern District of Virginia
J.D., Syracuse University College of Law, magna cum laude
M.S., Computer Science, Boston University,
B.S., Computer Science, University of Massachusetts, Lowell
Professional Affiliations American Bar Association