Michelle Ybarra

Michelle Ybarra is a highly experienced intellectual property litigator who focuses on complex cases involving cutting-edge technologies. Her practice primarily involves patent, copyright, and right-of-publicity disputes, particularly those arising from emerging technologies like artificial intelligence (AI), software platforms, digital advertising tools, and online services. Ybarra has established a reputation for representing defendants, consistently defending operating companies against intellectual property claims. Her tracked appearances reflect this preference, with all cases being on the defendant side.

Ybarra is a partner at Keker, Van Nest & Peters, LLP, where she has been recognized as a "Top Artificial Intelligence Lawyer" by the Daily Journal. Prior to her tenure at Keker, Van Nest & Peters, she also gained experience at Quinn Emanuel Urquhart & Sullivan. She earned her legal degree from the University of Chicago Law School.

Her notable patent litigation success includes leading the defense of Maplebear Inc. d/b/a Instacart against four patents targeting core aspects of its online grocery delivery platform. In this case, the district court stayed the proceedings pending inter partes review (IPR), where the Patent Trial and Appeal Board (PTAB) invalidated all challenged claims in February 2024. The Federal Circuit affirmed this decision in 2026, resulting in the cancellation of every asserted claim. Ybarra also achieved a dismissal on forum non conveniens grounds for Shanghai Moonton Technology in a copyright and trademark dispute brought by Riot Games, successfully arguing the case belonged in China.

Beyond patent litigation, Ybarra plays a leadership role in the ongoing In re: OpenAI Copyright Infringement Litigation, a significant copyright multidistrict litigation (MDL) addressing fundamental questions about legal frameworks applied to foundational model training and generative AI. She is also active in a right-of-publicity case, Greene v. Google LLC, concerning allegations of an AI system generating a synthetic voice in a public figure's likeness. Her extensive experience includes significant work in IPR proceedings, as demonstrated by the Instacart case's successful outcome before the PTAB and Federal Circuit.