USA
Practice Areas
International and Domestic Arbitration and Mediation in the fields of:
(1) intellectual property (IP) disputes (including patent disputes spanning a wide range of technologies; trademark, domain name and trade secret disputes);
(2) information technology (IT) disputes; and
(3) technical and technology-related disputes across many industries and industrial sectors, including, e.g., aviation, biotech, defense contracting, energy, general manufacturing, infrastructure (including investment), electronics (hardware and software), lighting, major appliances, medical devices, telecommunications and pharmaceuticals; and
(4) commercial disputes across a wide range of other substantive areas including, e.g.: antitrust (merger), breach of contract, consumer credit, consumer fraud, consulting, joint ventures and partnerships, licensing (including university technology transfer), mergers & acquisitions, securities and financial, and telecommunications (including reciprocal compensation).
Professional Memberships
Alaska Bar Association
American Bar Association
Chartered Institute of Arbitrators (Former Chair (now Chair Emeritus), Co-Founder and
Former Acting Treasurer, and Former Member of Executive Committee - New York
Branch, and Former Trustee of the Institute (Americas Region)).
Chartered Arbitrator and Fellow.
College of Commercial Arbitrators
International Arbitration Club of New York
New Jersey State Bar Association
New York City Bar Association
New York State Bar Association
New York International Arbitration Center (NYIAC)
Silicon Valley Arbitration and Mediation Center (SVAMC) - member "Tech List"
Fellow (Life) – American Bar Foundation
Member -- National Academy of Distinguished Neutrals, New Jersey Chapter
Master -- Justice Marie L. Garibaldi American Inn of Court (NJ) for Alternative Dispute Resolution
Member -- National Patent Advisory Council, American Arbitration Association
Member -- WIPO Working Group on Life Science Dispute Resolution
For full list, see my CV at www.plmadr.com .
Work Highlights
Arbitrated over 500 disputes, for widely-respected institutions including, e.g., AAA/ICDR, WIPO, ICC, CPR, LCIA and FedArb as chair, co-arbitrator, sole arbitrator and emergency arbitrator, with amounts in contention reaching pproximately US $3 Billion and mediated over 200 disputes with amounts in contention reaching over $US 600 Million. I have handled matters under AAA/ICDR, WIPO, CPR, ICC, LCIA, UNCITRAL and other rule sets.
Significant arbitrations I have handled:
A contractual dispute concerning a venture capital investment in a tech start-up, now an extremely large, successful international corporation, with US$ 3 Billion in contention. The technology at issue concerned web-based search and related application software used in implementing an extremely large, sophisticated international social network.
A contractual dispute, with approximately US $ 200 Million in contention, where allegedly false and defamatory statements were made by respondent against claimant with an intent to interfere with and disrupt a sale of claimant to a third party. Claimant provides a software-based platform for migrating information from one robotic process automation platform to another.
An international IP partnering dispute, including contentions of trade secret misappropriation, patent infringement, invalidity, and inventorship, concerning components for solid oxide fuel cells with approximately US$ 80 Million in contention.
An international patent licensing dispute concerning codecs with approximately US$ 150 Million in contention..
An international contractual dispute between a patent owner, having a US patent (and foreign counterparts) related to FinFET semiconductors, and a litigation funder. The dispute, with approximately US$ 55 Million in contention, concerns an alleged breach of a funding agreement by the patent owner which successfully brought US patent infringement litigations against multiple third parties.
An international patent licensing dispute concerning wind turbine technology involving infringement and validity of 52 patents in dispute (13 national patents, each with counterparts in three additional countries).
An international patent licensing dispute concerning hot-wall vertical furnaces used in atomic layer deposition processing in semiconductor fabrication with upwards of approximately US$ 150 Million in contention.
An international patent licensing dispute concerning haptic technology used in mobile telecommunications devices with approximately US$ 60 Million in contention and requested injunctive relief potentially prohibiting at least hundreds of millions of dollars of future device shipments to the US.
A dispute involving alleged trade secret misappropriation and patent infringement of a critical component of astronautic launch vehicles.
An international patent licensing dispute involving several US patents concerning compact fluorescent lamps with approximately US$ 100 million in contention.
An investment dispute between a US telecommunications company and a foreign government, involving alleged governmental expropriation of a national wireless mobile telecommunications network, with damages claimed of approximately US$ 150 Million.
For further significant matters, see my CV at www.plmadr.com .
Career
Legal Positions Held -- 1979 to present:
January 2011 - present - Principal; and Arbitrator, Mediator & Attorney
Michaelson ADR Chambers, LLC
Rumson, New Jersey
July 1984 - April 2012 - Principal; and Attorney, Arbitrator and Mediator
Michaelson & Associates (and predecessor law firms)
Shrewsbury, New Jersey
October 2010 - April 2012
General Counsel (virtual)
Direct Grid Technologies LLC
Edgewood, New York
1982 - 1984 - Associate Patent Attorney
Pennie & Edmonds
New York, New York
1979 - 1982 - Corporate Patent Attorney (Member of the Legal and Patent Staff)
Bell Telephone Laboratories
Holmdel, New Jersey
Technical Positions Held -- 1975 to 1979
1977 - 1979 -- Electronics Development Engineer
Rockwell International Corporation
Municipal & Utility Division
Pittsburgh, Pennsylvania
1976 - 1977 -- Electronics Development Engineer
Aluminum Co. of America (Alcoa)
Alcoa Technical Center
Production Equipment Laboratories
Pittsburgh, Pennsylvania
1975 - 1976 -- Electronics Project Engineer
Control Systems Research, Inc.
Pittsburgh, Pennsylvania
Expert in these Jurisdictions
United States particularly New York, Pennsylvania, New Jersey, Delaware and California.
Industry Sector Expertise
I have handled disputes across many industries and industrial sectors, including, e.g., aviation, biotech, defense contracting, energy, general manufacturing, infrastructure (including investment), electronics, computation (including hardware and software with the latter including artificial intelligence), lighting, major appliances, medical devices, telecommunications and pharmaceuticals.
For a full list of the technical areas in which I have handled disputes or client matters, see my CV at www.plmadr.com .
Experience
A. ADR Experience
Arbitrated international and domestic:
(1) intellectual property disputes (including patent disputes spanning a wide range of technologies; trademark, domain name and trade secret disputes);
(2) information technology disputes; and
(3) technical and technology-related disputes across many industries and industrial sectors, including, e.g., aviation, biotech, defense contracting, energy, general manufacturing, infrastructure (including investment), electronics (hardware and software), lighting, major appliances, medical devices, telecommunications and pharmaceuticals; and
(4) commercial disputes across a wide range of other substantive areas including, e.g.: antitrust (merger), breach of contract, consumer credit, consumer fraud, consulting, joint ventures and partnerships, licensing, mergers & acquisitions, securities and financial, and telecommunications (including reciprocal compensation).
Mediated and served as a Court-appointed expert in patent law in numerous patent litigations in the U.S. District Courts involving complex technology across various industries. Mediated, on a Court-annexed basis, Hatch-Waxman based pharmaceutical disputes. Also mediated trademark litigations in the U.S. District Courts.
Also mediated disputes across a wide range of other substantive areas including, e.g.: breach of contract, credit and financial, employment discrimination, franchises, healthcare, insurance coverage and liability, intellectual property (including validity, infringement and misappropriation), licensing, professional malpractice and fee disputes, real property (including leases), technology and warranties.
Non-ADR Legal Experience:
Between July 1984 - April 2012, I owned and successfully operated my law firm, Michaelson and Associates (and its predecessor firms). In so doing, I was responsible for: marketing, finance, purchasing (including capital asset acquisition and long-term leasing of office space and certain equipment), IT and office automation, personnel (both professional and administrative, including hiring, termination, supervision, benefits, employment policies, and compensation), billing and all other functions attendant to running a small business. During that time, I had complete and sole “bottom line” profit/loss responsibility.
Between October 2010 - April 2012, I served as General Counsel (on a virtual basis) for Direct Grid Technologies, LLC, a designer/manufacturer of solar panel inverters, handling a wide variety of general corporate issues, including intellectual property.
I conducted intellectual property and unfair competition litigation in the U.S. Courts; and inter parte and ex-parte proceedings in the U.S. Patent and Trademark Office involving patents and trademarks, including, e.g., patent appeals, patent reissues, patent interferences and trademark oppositions; and (with foreign counsel) overseas patent and trademark oppositions.
For further information, see my CV at www.plmadr.com .
Publications
For a complete list of my publications and presentations, see my CV at www.plmadr.com .
Personal
I hold a Private Pilots license (single-engine land) and an Amateur Radio License (Amateur Extra class).
Education
Carnegie-Mellon University
Bachelor of Science in Electrical Engineering and Economics
1970 - 1974
Carnegie-Mellon University
Master of Science in Electrical Engineering
1974 - 1975
Duquesne University
Juris Doctor (JD)
1975 - 1979
New York University
Masters of Law (LLM)
1980 - 1985
Clients
For a full list of my panel memberships, see my CV at www.plmadr.com .
Ratings:
Martindale-Hubbell:
a) "AV" Rated (highest)
b) listed in Bar Register of Preeminent Lawyers
Peer Review Rating 5.0 out of 5 ("Preeminent")
AVVO (avvo.com) Attorney Rating "10.0" out of 10 - "Superb" (highest)
Inside New Jersey, “New Jersey’s Legal Leaders -- Top Rated Lawyers”, ADR and Arbitration sections, 2012 and all subsequent editions
Listings:
Who's Who in America
Who's Who in the East
Who's Who in American Law
Who's Who in American Finance and Industry
Who's Who in Finance and Business
Who's Who in the World
Who's Who in Emerging Leaders in America
The Roster of International Arbitrators, 3rd Ed., Juris Publishing
Global Arbitration Review (GAR) Listed Arbitrator