Michael R. Gottfried
Partner
Duane Morris LLP
Suite 2400
100 High Street
Boston, MA 02110-1724
USA
Phone: +1 857 488 4212
Fax: +1 857 401 3030
Email:
MRGottfried@duanemorris.com
Michael R. Gottfried is the managing partner of Duane Morris' Boston office and a member of the firm's national governing Partners Board. Mr. Gottfried practices in the areas of intellectual property and commercial litigation. He represents clients in contract and business tort disputes; unfair and deceptive trade practice cases; and patent, trademark and copyright infringement matters. Gottfried has litigated more than 25 cases involving noncompetition agreements and theft of trade secrets, many of which were successfully resolved in their earliest stages after preliminary injunction hearings.
In 2009, 2010 and 2011, Chambers USA: America's Leading Lawyers for Business included Mr. Gottfried in its listing of leading IP lawyers in Massachusetts. He has been named a Massachusetts Super Lawyer in the field of commercial litigation in Boston Magazine in 2004-2011.
Admitted to practice in Massachusetts and the District of Columbia, he is a member of the Boston Bar Association and The District of Columbia Bar. Mr. Gottfried is a 1983 graduate of The National Law Center of The George Washington University with honors and a magna cum laude graduate of Tufts University.
Areas of Practice
- Commercial Litigation
- Intellectual Property Litigation
Representative Matters
- Represented Amgen Inc. at trial against rival F. Hoffmann-La Roche in its patent infringement battle over the anemia drug Epogen. Obtained a permanent injunction for Amgen that was upheld on appeal to the U.S. Court of Appeals for the Federal Circuit.
- Led a team that represented Louis Guyott, the seller of a $100 million business, against a $20 million indemnification claim brought by the buyer, Bardon-Trimount, for the cleanup of a Massachusetts Superfund site. At the case’s conclusion, obtained a defense verdict and an award of $3.9 million in fees and costs after a 10-day trial in Massachusetts Business Court. Judgment was affirmed by the Massachusetts Appeals Court.
- As lead trial counsel, obtained an order from the Delaware bankruptcy court sustaining Multimodal Technologies’ objection to the assignment and assumption of its license to Nuance Communications, a direct competitor. The order was issued after an evidentiary hearing.
- Lead counsel for Fortune 250 biotech company in patent-license dispute with a research institution which was resolved after mediation.
- Counsel to a Florida-based restaurant chain in resolving suit for trade-dress infringement and theft of trade secrets in the U.S. District Court for the Middle District of Florida without making any changes to its trade dress.
- As lead trial counsel, represented an independent packaging company in obtaining injunctive relief in connection with the theft of confidential and proprietary information by former employees.
- Counsel to a national entertainment company in trying and sustaining an appeal claim of theft of trade secrets and obtaining attorneys' fees pursuant to the Massachusetts Unfair and Deceptive Trade Practice Statute.
- Represented a manufacturer of turn-key multilayer injection molding equipment in a series of patent infringement and theft of trade secrets cases litigated in the U.S. District Court for the District of Massachusetts, obtaining a settlement the client found favorable after mediation.
- Represented an inventor on his claim of inventorship and wrongful termination, obtaining a lucrative settlement package for client after litigation in the U.S. District Court for the Northern District of Illinois.
- Obtained on behalf of Brooks-Cole, a college textbook publisher, a ruling from the U.S. District Court for the District of Massachusetts that its use of a written psychological test borrowed from another publication was a “fair use”.
- Represented a minority shareholder in a closely held corporation through trial and appeal in a breach of fiduciary duty claim, obtaining a seven-figure judgment.
- Represented a seller of a commercial property on claims of fraud and breach of the unfair and deceptive trade practice suit in Massachusetts through summary judgment and appeal.
- Counsel to a regional bank in multiple matters including defense of a class action and lender-liability claims and enforcement of loan agreements and recovery of collateral.
- Obtained a multimillion-dollar settlement for a network of healthcare providers during arbitration with third-party payor in dispute over claims.
- Represented a national life and disability insurance company in multiple matters, including voiding policies during contestability period and demand for return of premium.
Professional Activities
- Boston Bar Association
- Massachusetts Bar Association
- International Trademark Association
- Alternative Dispute Resolution Committee
-- Education and Information Subcommittee, 2002-2003
Admissions
- District of Columbia
- Massachusetts
- Supreme Court of the United States
- U.S. Courts of Appeals for the District of Columbia and the Federal, First, Seventh, Ninth and Tenth Circuits
- U.S. District Court for the District of Massachusetts and the District of Columbia
Education
- George Washington University Law School, J.D., with honors, 1983
Experience
- Duane Morris LLP
- Partner, 1999-present - Burns & Levinson LLP, Boston, Massachusetts
- Partner, 1990-1999
-- Chairman, Business Litigation Department
- Associate, 1985-1990 - Thompson, Hine and Flory, Washington, D.C.
- Associate, 1983-1985
Civic and Charitable Activities
- Mock Trial Advisor Phillips Academy-Andover, 2008-2011
- Cub Master, Pack 89, Boy Scouts of America, North Andover, MA, 1994-2000
Honors and Awards
- Listed in Chambers USA: America's Leading Lawyers for Business, 2009, 2010 and 2011
- Named a Massachusetts Super Lawyer in the field of commercial litigation by Boston magazine, 2004-2011
- Listed in Super Lawyers Corporate Counsel Edition for Business Litigation, 2009 and 2010
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
