Michael Zachary’s practice focuses on intellectual property matters. He has represented clients in patent infringement litigation involving electronics devices, medical devices (such as cardiac stents, ultrasound, and various ophthalmic devices), scientific instruments, e-commerce, and computer software, among other areas. In addition, he has represented clients in trademark, domain name, key word, false advertising, trade secret, copyright, and other unfair competition matters. He also has counseled clients on intellectual property strategies, and represented clients in licensing negotiations, IP due diligence, and patent review for product clearance.
Education
- J.D., cum laude, Harvard Law School, 1983
- B.A., History, cum laude, Columbia University, 1978
Professional Experience
- Christensen O’Connor Johnson KindnessPLLC, Seattle, WA, 2010 to present
- Prior to joining Christensen O’Connor Johnson Kindness, Mr. Zachary was a partner at Klarquist Sparkman (Seattle), which he joined in 2002. Mr. Zachary began his legal career at Morrison & Foerster in California, where he became a partner in 1989.
Bar & Court Admissions
- Bar Admissions: Washington, Oregon, California
- Appeals Courts: Federal Circuit, Ninth Circuit
- District Courts: W.D. Wash., E.D. Wash., D. Or., N.D. Cal., C.D. Cal., S.D. Cal., E.D. Cal., D.N.M., D. Colo., D.D.C., E.D. Tex., Pro Hac Vice Admissions: E.D. Va., D. Nev., D. Del.
Professional Affiliations
- American Bar Association – Litigation Section
- King County Bar Association – Chair, IP Section (2010-11)
- Washington State Patent Law Association
- Federal Bar Association
Presentations
“Sea Change on Patent Damages?” Licensing Executives Society, Seattle, April 2011, presented with Drew Voth.
“IP for Everyone: Fundamentals and Trends in IP Law,” King County Bar Association, October 2010, Co-chair, and Moderator.
“Patent Infringement Notices, When to Send One and What to Do If You Get One,” October 2010, Christensen O’Connor Johnson Kindness Breakfast Briefing, presented with Kevan Morgan.
“Attorney-Client Privilege,” King County Bar Association, IP Section, November 2009, presented with Michael Matesky.
“Federal Circuit Decisions – 2008,” Washington State Patent Law Association/Oregon Patent Law Association Joint Meeting, April 2009, panelist.
Representative Litigation:
Illinois Tool Works, Inc. et al. v. Seattle Safety, LLC
U.S. District Court for the Western District of Washington
Defended Seattle Safety, LLC in a suit for patent infringement and other claims. Won partial summary judgment on damages and non-infringement. Case settled thereafter on favorable terms.
CollegeNET, Inc. v. The College Network, Inc.
U.S. District Court for the District of Oregon
Represented CollegeNET, Inc. in a trademark infringement suit concerning use of trademarks as key words, and confusingly similar domain name. Case settled favorably after extensive discovery.
Flexiworld Technologies, Inc. v. Skype, Inc.
U.S. District Court for the Western District of Washington
Defended Skype, Inc. in a patent case related to VOIP. Case was dismissed prior to any substantial discovery.
Wacom Co., Ltd. and Wacom Technology Corporation v. Hanvon Corporation, et al.
U.S. District Court for the Western District of Washington
Represented Wacom Co., Ltd. and Wacom Technology Corporation in a suit for unfair competition, infringement of six patents related to digitizer circuitry, and false marking. Suit reached a favorable settlement on the verge of trial, after extensive deposition and motion practice.
CollegeNET, Inc. v. XAP Corporation
U.S. District Court for the District of Oregon
Represented CollegeNET, Inc. in a false advertising and patent infringement suit related to online forms and internet technology. Obtained novel ruling that false promises regarding privacy practices could constitute a Lanham Act violation. Case settled favorably following trial and judgment.
CollegeNET, Inc. v. Applicationsonline, LLC, et al.
U.S. District Court for the District of Oregon
Represented CollegeNET, Inc. in a suit for patent infringement and fraudulent conveyance. Case settled favorably after extensive discovery and motion practice.
Soverain Software LLC v. Amazon.com, et al.
U.S. District Court for the Eastern District of Texas
Defended Amazon.com in patent case related to internet security and SSL. Case settled favorably, before trial.
Slocum Enterprises, Inc. v. New Generation Devices
U.S. District Court for the District of Oregon
Defended New Generation Devices in a patent case related to tibial osteotomy fixation plates. Obtained dismissal for lack of personal jurisdiction. Affirmed by the Federal Circuit on appeal.
Cordis Corp. v. Boston Scientific Corp.
District of Delaware
Defended Boston Scientific Corp. in a patent infringement suit. Obtained defense jury verdict of non-infringement on one set of patents related to cardiac stents, and a judgment by the court that the patents were unenforceable for inequitable conduct. (Note: the inequitable conduct ruling was later reversed and remanded for further findings.)