Michael J. Abernathy

Michael J. Abernathy is a highly experienced patent litigation attorney, currently serving as co-leader of the Intellectual Property Disputes practice and the IP Life Sciences practice at Morgan, Lewis & Bockius LLP. He focuses on patent, trade secret, and antitrust litigation, frequently handling "bet-the-company" disputes. His practice spans a diverse range of technologies, including display technologies (LCD and OLED), wireless communication systems, fleet management solutions, biopharmaceuticals (Hatch-Waxman and BPCIA cases), medical devices, computer software, and various electronics and semiconductor innovations.

Abernathy has experience representing both plaintiffs and defendants in patent disputes. Of his three tracked appearances, he has served as lead counsel for defendants in two cases and for a plaintiff in one, demonstrating his versatility in litigation strategy. Prior to his current role at Morgan Lewis, his patent litigation career has included appearances with Foley & Lardner and Vinson & Elkins, and earlier with K&L Gates LLP.

His notable representations include defending LG Display Co., Ltd. against patent infringement claims by Tianma Microelectronics Co., Ltd. et al., a complex dispute involving LCD and OLED display technologies that ultimately settled confidentially. He also acted as lead counsel for Samsung Electronics America Inc. as a plaintiff in litigation against Massively Broadband LLC, a case centered on wireless network patents. Abernathy also defended Stellantis N.V. in a case brought by NPE Fleet Connect Solutions LLC involving wireless communication and fleet management patents. His experience includes first-chair trial work, Hatch-Waxman cases, and Section 337 investigations before the U.S. International Trade Commission.

Abernathy is well-versed in post-grant review proceedings, advising clients on strategic use of IP assets and directly engaging in Patent Trial and Appeal Board (PTAB) matters. For example, in the LG Display v. Tianma dispute, adverse IPR decisions played a role in the eventual settlement. Furthermore, in the Samsung v. Massively Broadband case, Samsung initiated multiple IPRs against Massively Broadband's patents. He earned his J.D., with honors, from DePaul University College of Law in 1982, and a B.A., magna cum laude, from Benedictine University in 1979. He was admitted to practice law in 1982.