Michael Rosen is an intellectual property litigator with a focus on patent law and cross-border disputes. He represents high-tech clients, universities, venture capital firms and startups, including those based in Israel.
Michael has extensive experience with technologies including computer hardware and software, consumer devices, telecom, biotechnology and medical devices. His patent trial work includes many cases in district courts in Delaware, Texas and California.
Michael is an adjunct fellow at the American Enterprise Institute in Washington, D.C. He has testified on legislative patent reform before the U.S. Senate Judiciary Committee. He regularly speaks on IP law panels at the University of San Diego, Federal Bar Association, American Intellectual Property Law Association, California and Minnesota Associations of Corporate Counsel, American Enterprise Institute, Intellectual Property Resources (Tel Aviv), Haifa-Boston Tech Webinar, and others. Michael is also a frequent columnist and has been published in a wide array of media outlets. He previously served as an adjunct professor of law at the University of San Diego School of Law.
Michael was named to the IAM Patent 1000 as a recommended expert in Israel by Intellectual Asset Management. Other accolades include being recognized as one of the “Top 30 Young Attorneys in San Diego” by the San Diego Daily Transcript and among San Diego’s “40 Under 40” by San Diego Magazine.
Prior to joining Irell, Michael practiced at firms in Tel Aviv, Israel and San Diego, California.
- Represented CH2O Inc., a developer and supplier of water treatment products, in patent litigation in Los Angeles, resulting in a $12.5 million verdict for CH2O.
- Represented Volcano Corporation, a developer of cardiovascular devices, in patent litigation against St. Jude Medical in Delaware, resulting in a complete defense verdict of non-infringement and invalidity for Volcano (now part of Philips).
- Represented Fresenius Medical Care, a worldwide leader in renal care, in a series of patent litigations against Baxter Healthcare over its dialysis machines, resulting in a complete defense verdict of noninfringement for Fresenius.
- Represented SRI International, a research institution in Menlo Park, California, in patent litigation against Symantec in Delaware, resulting in a multimillion-dollar jury verdict for SRI.
- Represented Gilead Sciences Inc., in patent litigation over its groundbreaking Harvoni anti-hepatitis C virus drug.
- Represented Israel Cleantech Ventures in several due diligence projects in the fields of consumer goods and memory chips.
- Represented the Yissum Research and Development Company of the Hebrew University of Jerusalem in a licensing and enforcement matter in the field of medical imaging software.
- Represented Spanish R&D company Fractus S.A. in several patent infringement actions against the major U.S. cellular carriers (Verizon, AT&T, T-Mobile and Sprint) and two antenna manufacturers. After a successful trial representation in the U.S. District Court for the Eastern District of Texas, obtained a favorable out-of-court settlement for the client resulting in the transfer of its base station antenna technology patent portfolio.
- Served as the Independent Examiner for the U.S. Department of Justice in an investigation of Bank Hapoalim, a large international financial institution with operations in Israel, Switzerland, Luxembourg, the United Kingdom and the United States. The matter reached a successful negotiated resolution.
Honors & Awards
- Named to IAM Patent 1000 as recommended expert in Israel (2022)
- Selected to the San Diego’s “40 Under 40” by San Diego Metropolitan Magazine (2010)
- Recognized as one of “Top 30 Young Attorneys in San Diego” by The Daily Transcript (2007)
- “How Patent Reform Could Affect Claim Construction in IPR,” Law360, co-author (May 2015)
- “Patenting Genes in a Post-Myriad World,” Industrial Biotechnology, co-author (August 2013)
- “Upcoming Changes in Patent Law May Significantly Impact the Biotech Industry,” Industrial Biotechnology, co-author (October 2012)
- “America Will Keep On Inventing,” Daily Journal (December 2011)
- “Expert Insights: Intellectual Property,” San Diego Daily Transcript (May 2011)
- “Patent Reform on The March (Again),” San Diego Daily Transcript (April 2011)
- “From Baghdad to the Bench: Judge William V. Gallo Joins the Bench After a Distinguished Military and Legal Career,” The Federal Bar Association Newsletter, San Diego Chapter (Spring 2010, 2-3)
- “Description Restriction,” Daily Journal (April 2010)
- “Description Proscription? Ariad v. Lilly Decision to Be Reviewed by Full Court,” Industrial Biotechnology, co-author (September 2009)
- “Ariad Decision Underlines Importance of Fully Describing Patented Biotech Inventions,” Industrial Biotechnology, co-author (June 2009)
- “Transformation Validation,” Daily Journal (November 2008)
- “Patents Go Political,” Daily Journal (March 2008)
- “For Better or Worse? How U.S. Legislative Patent Reform May Affect the Biotech Sector,” Industrial Biotechnology (Spring 2008)
- “As Secure as a Swiss Bank? New Ruling Beefs Up Attorney-Client Privilege in Corporate Context,” San Diego Daily Transcript (January 2008)
- “Virtual Reality Check,” Daily Journal (March 2007)
- “Keep It Secret? How to Decide Whether to Protect Your Idea as Trade Secret or Patent,” San Diego Daily Transcript, co-author (February 2007)
- “Congress Wrestles With Patchy Judicial Expertise in Patent Cases,” Daily Journal (November 2006)
- “Justices Will Tackle Obviousness for First Time in 30 Years,” Daily Journal (August 2006)
- “Supreme Court Decision Benefits Innovation,” San Diego Daily Transcript (March 2006)
- “Patent Tying Presumption Stifles Creativity,” Daily Journal (January 2006)
- “Litigation Funding for IP and Technology Cases: Challenges and Opportunities,” European IP Forum (2019)
- Visiting fellow, Center for Internet, Technology, and Communications Policy, The American Enterprise Institute
- Adjunct professor of law, University of San Diego School of Law, (2008-2014)
Harvard Law School (J.D., 2003); Line editor, International Law Journal
Harvard College (B.A., Government, 1999)
- Not admitted to the District of Columbia. Practice limited to matters before federal courts and federal agencies.
- Registered Foreign Lawyer, Israel
- U.S. District Court for the Central, Eastern, Northern and Southern Districts of California
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- Hon. Marilyn Huff, U.S. District Court for the Southern District of California