Michael Carwin

Senior Attorney

Practices & Industries:

Utility Patent, Design Patent, Copyright, Trademark & Advertising, Trade Secret, NDA, & Non-Compete, Other Complex Litigation, Customs Disputes, Patent Office Validity Challenges, IP Counseling and Transactions, Arts and Entertainment Law, Trademark Prosecution

Contact Information:

[email protected]

(312) 667-6180

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Bio

Experience

Credentials

Publications

Mike Carwin is a persuasive advocate in high-stakes intellectual property litigation. Mike Carwin focuses his practice on complex patent, trademark, copyright, and trade secrets litigation. He represents clients across a wide array of industries, including medical devices, pharmaceuticals, transportation and logistics, and battery technology. He also regularly assists clients with complex pre-suit investigations and analyses.

Mike has substantive experience in all stages of IP litigation. Within two years of receiving his license to practice law, he second-chaired and won a two-week trademark infringement jury trial in New York federal court, successfully defending his client against a $120,000,000 damages demand. Since then, he has continued to be a valued member of multiple high-stakes trial teams, and has successfully represented both plaintiffs and defendants at trial. For example, in 2022, Mike second-chaired and won a bench trial in California federal court, resulting in a favorable judgment totaling more than $10,000,000 in disgorged profits and a permanent injunction. During discovery in that case, Mike deposed the defendant’s damages expert and elicited testimony supporting the judge’s determination that the expert’s “logic [was] flawed for a number of reasons.” Mike has also conducted direct and cross examinations of important fact and expert witnesses at multiple federal trials before a judge and jury. Mike understands the importance of thoughtfully developing a winning strategy at the early stages of litigation.

Representative Matters

Represented a leading energy drink brand in a trademark infringement and unfair competition case against a leading competitor from complaint filing to judgment, serving as second-chair trial counsel during the one-week bench trial in California federal court and securing a judgment of over $10,000,000 in disgorged profits and a permanent injunction.
Represented a promotional products distributor in a bet-the-company trade dress infringement case against a popular reusable water bottle company from complaint filing to jury verdict, serving as second-chair trial counsel during the two-week jury trial in New York federal court and securing a unanimous verdict of no liability on all causes of action and successfully defending the client against a $120,000,000 damages demand.
Obtained a preliminary injunction in district court that resulted in the release of the client’s goods that were subject to an investigation by the International Trade Commission and that were initially seized by the U.S. Customers and Border Protection.
Represented medical device companies in utility patent infringement cases against competitors, obtaining favorable settlements and licensing terms for the clients.
Represented an internet service provider against multinational music corporations involving copyright infringement claims and the safe harbor provisions under the Digital Millenium Copyright Act.
Represented a leading transportation and logistics management company in a trademark infringement case against a logistics firm, obtaining a favorable settlement.
Represented a phone repair technology company in a utility patent infringement case, obtaining a favorable settlement.
Represented plaintiffs and defendants in matters involving trade secret misappropriation, copyright infringement, breach of contract, and tortious interference.

Prior Experience

Associate, Quarles & Brady LLP (2020–2023)
Associate, Armstrong Teasdale LLP (2018–2020)
Associate, Kleinberg & Lerner LLP (2015–2018)

Court Admissions

California
Missouri
U.S. Patent and Trademark Office

Education

Southwestern Law School, J.D., 2015

Octa-Final Oralist, Moot Court Competition, 2013

University of California, Berkeley, B.A. Molecular & Cell Biology, 2010

Director of Health Services; ASUC, Office of the President

Papers, Seminars, and Teachings

“Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases”, The Banking Law Journal, Volume 139 (2022)

“Dr. Martens Kicks Infringers to the Curb”, JD Supra (2021)

Irwin IP Cases of the Week

You’ve Got Mail: Federal Circuit Allows Service Through Email , In re: Aputure Imaging Industries Co., Ltd, No. 2024-103 (Fed. Cir. Jan. 22, 2024)

It’s Complicated, Says Fortnite: Epic Games Entangled in Hanagami’s TikTok Tango!, Hanagami v. Epic Games, Inc., No. 22-55890, (9th Cir. Nov. 1, 2023)

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