Michael N. Rader

Overview

Michael Rader co-chairs the firm’s New York office and is a former co-chair of the firm’s Litigation Practice. Mike has been with Wolf Greenfield for his entire career, since the summer of 1997. He represents the firm’s clients as lead counsel in intellectual property matters in district courts around the country, as well as before the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB). His disciplined approach to case management has enabled him to litigate successfully, and with great efficiency for his clients, against some of the largest law firms in the country.

Mike is an experienced trial lawyer, having tried patent infringement, trade secret, and IP-related contract cases to verdict before juries and judges in jurisdictions including Delaware, Texas, California, Massachusetts, and before the ITC. Mike is sought-after for his ability to distill a complex case down to the most critical and persuasive themes. He is a feared cross-examiner.

Inter partes reviews (IPRs) are an important part of Mike’s practice. He is ranked as one of the top IPR practitioners in the United States.

Mike also serves on the firm’s Public Services Committee, which oversees pro bono matters, and chairs the firm’s Charitable Contributions Committee.

Experience

District Court Litigation

• Trial counsel for Dyax Corporation (a subsidiary of Takeda Pharmaceutical Company) in a complex royalty dispute relating to antibody phage display technology in the District of Delaware. Following a July 2022 bench trial, the court ruled in Dyax’s favor in January 2023. In July 2024, the Third Circuit affirmed the district court's judgment.
• Currently representing Bose Corporation as lead counsel in a multi-patent case concerning headphone technology in the District of Massachusetts.  Prevailed on a motion to dismiss, for improper venue, the suit originally filed by the patent owner in the Western District of Texas.
• Successful defense of Boston University in a complex litigation matter in the District of Delaware, resulting in BU’s dismissal from the lawsuit in November 2020.
• Led the Wolf Greenfield team that secured a dispositive claim construction and judgment of non-infringement for E Ink (the world’s largest supplier of electronic paper displays) in a suit brought by Research Frontiers Inc. in the District of Delaware. Mike defended the judgment on appeal at the Court of Appeals for the Federal Circuit, which affirmed in December 2017.
• In 2015-2018, Mike led the Wolf Greenfield team that defended Smith & Nephew in a 13-patent case in the Eastern District of Texas brought by a competitor in the orthopedic devices market. Mike and his team secured institution of 15 out of 15 IPR petitions against the asserted patents, invalidated one asserted patent at the claim construction stage, and tried the case to a jury verdict, after which the parties reached a global settlement.
• Lead counsel for The Jackson Laboratory in patent litigation on transgenic mice in the Northern District of California. Mike and his team secured a favorable ruling on a novel question of claim construction related to mouse nomenclature. The Court then granted Jackson summary judgment of no infringement, after which the case settled with plaintiff making a substantial cash payment to Jackson.
• Together with Michael Albert, won Massachusetts’ largest jury verdict of 2007 in a patent infringement case for medical device company Diomed, Inc. in a trial against two infringers of Diomed’s patent on a method for laser vein treatment.

Post-Grant Proceedings

• Lead counsel for The Data Company Technologies Inc. in IPRs concerning Internet proxy technology (IPR2022-00135 and IPR2022-00138) and related Federal Circuit appeals. Following decisions finding all challenged claims unpatentable, the patent owner has appealed.
• Lead counsel for Bose Corporation in IPRs concerning headphone technology (IPR2021-00297, IPR2021-00612 and IPR2021-00680) and related Federal Circuit appeals. Following decisions finding most challenged claims unpatentable, the patent owner appealed. In July 2024, the Federal Circuit dismissed the appeals.
• Lead counsel for Sony in IPRs concerning magnetic tape cartridge technology (IPR2018-00876 and IPR2018-00877). In response to the petitions, the patent owner statutorily disclaimed one of the four challenged claims. The IPRs settled shortly after the final hearing.
• Led legal team for Smith & Nephew that filed 15 IPRs challenging adversary’s asserted patents. Achieved institution of all 15 IPRs, which led to victory for Smith & Nephew in the IPRs that reached final written decision (IPR2017-00275 and IPR2016-00918) and a favorable global settlement of the litigation.
• Lead counsel for Sony in IPR2016-01407 concerning portable music player technology. The Board found all challenged claims unpatentable.
• Lead counsel for Smith & Nephew in IPR2016-00381 and IPR2016-00382 concerning tissue anchors. Following institution, the patent owner forfeited. The Board entered judgment and canceled the challenged claims.

ITC Litigation

• Investigation No. 1076 (2017-2019): Successfully represented Sony in complex multi-patent ITC investigation brought by Fujifilm related to magnetic data storage tapes and cartridges. Served as lead counsel on two patents: forced complainant to withdraw one patent before trial, and prevailed on second patent at trial before Administrative Law Judge; affirmed by the full Commission.
• Investigation No. 994 (2016-2017): Led Sony to trial victory in an ITC action brought by Creative Technology Ltd. Secured an expedited proceeding under the ITC’s “100-day program,” and won the first-ever patent invalidation under that program. Sony's victory before the Administrative Law Judge was affirmed both by the full Commission and the Court of Appeals for the Federal Circuit. 
• Investigation No. 892 (2013-2014): Represented Sony and led respondent group in multi-patent ITC action, developing defenses that led the complainant to drop the case just before trial.
• Investigation No. 836 (2012-2013): Represented Sony in multi-patent ITC action. Developed defenses that led to a favorable resolution through confidential settlement just before trial.
• Investigation Nos. 741/749 (2010-2012): Secured trial victory for MStar Semiconductor in complex ITC action, which was then upheld by the full Commission.

Pro Bono Experience

• Mike litigates pro bono cases in a variety of areas, including unemployment appeals, and trains others in the firm to handle these cases as well.
• In 2007, Mike won a high-profile pro bono First Amendment case. In cooperation with the ACLU, Mike represented Alfie Kohn, a noted writer and speaker on educational issues who had been prevented from speaking at a conference by the Massachusetts Department of Education. Culminating a five-year legal battle, Mike secured judgment that the State’s actions violated the First Amendment, and obtained a $185,000 attorneys fee award and an acknowledgement of wrongdoing by the Commonwealth of Massachusetts.

Activities

• PTAB Bar Association
• ITC Trial Lawyers Association
• Boston Intellectual Property Law Association
• American Bar Association
• American Intellectual Property Law Association
• Federal Circuit Bar Association

Recognition

• Ranked among the top 3% of best performing and most active practitioners—out of 17,052 attorneys—when representing defendants in Patexia’s Patent Litigation Intelligence Report
• Ranked among the top 5% of most active practitioners—out of 5,398 attorneys—when representing appellees in Patexia’s CAFC Intelligence Report
• Ranked among the top 5% of best performing and most active practitioners—out of 5,720 attorneys—when representing petitioners in inter partes reviews before the PTAB in Patexia’s IPR Intelligence Report
• Repeatedly named to the New York Super Lawyers list in the field of intellectual property law and was named one of the Top 100 Lawyers in Massachusetts and New England by Massachusetts Super Lawyers
• Repeatedly named to The Best Lawyers in America®

Interests

Mike has lived abroad in Israel. At the Hebrew University of Jerusalem, he qualified for a formal “exemption certificate” after completing the most advanced course of Hebrew language study that the University offers.

Mike is an amateur archaeologist. He has participated in archaeological digs at sites throughout Israel, including in Tel Azeka, Jerusalem, and Beit Guvrin.

Mike also has experience in Biblical and Talmudic law and has published a peer-reviewed article comparing the obligation to rescue in Jewish law and American civil law: The “Good Samaritan” in Jewish Law, Journal of Legal Medicine, Vol. 22, No. 3, pp. 375-399 (2001).

Mike currently serves on the Board of Directors of American Friends of Leket Israel (which supports Israel’s National Food Rescue Organization, Leket Israel) and on the Board of Directors of Tzohar Israel Foundation (which supports Israel’s leading Modern Orthodox rabbinic organization, Tzohar). Mike also serves on the Leadership Council of Bottom Line (which provides support and mentoring to first-generation college students).

In his spare time, Mike has managed travel hockey teams at the Pee Wee, Bantam and Midget levels for multiple hockey organizations in Westchester County, New York. Weather permitting, Mike maintains a hockey rink in his backyard during the winter months.