MichelleReplogleShe / Her / Hers

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Replogie Michelle

Overview

Michelle Replogle is an experienced intellectual property litigator and trial lawyer who focuses on patent and trade secrets disputes. She has significant trial experience in courts throughout the United States and in state court and has taken more than 10 trials to jury verdict.

Known for the passion and dedication she brings to resolving disputes for small companies as well as Fortune 500 multinationals, Michelle has represented clients on both the plaintiff and defendant sides. Delving into often convoluted, challenging facts and technical details to find the compelling simple story that resonates with a jury, Michelle has handled matters involving a broad range of technologies, including medical devices, cameras, software, energy, chemicals and mechanical oilfield tools and systems.

Michelle is admitted to practice before the U.S. Patent and Trademark Office (USPTO) and, in addition to her courtroom advocacy, has represented clients in inter partes review and reexamination proceedings. She has handled multiple appeals to the Federal Circuit.

By far, the most rewarding part of Michelle’s career has been the relationships she develops with clients and their witnesses starting from the inception of a case to ultimately presenting those witnesses at trial.

In addition to dispute resolution, Michelle is experienced in prosecution and transactional matters and has worked with clients to develop tailor-made patent portfolio and licensing strategies. She has also managed complex product clearance evaluations and counseled clients on intellectual property enforcement and procurement matters and licensing.

Michelle is a member of ChIPs and a master-level member of The Honorable Nancy F. Atlas Intellectual Property American Inn of Court.

In her free time, Michelle enjoys spending time with her family and in the outdoors—skiing, snowboarding and sailing.

Experience
  • Obtained a favorable jury trial verdict on every verdict question on behalf of the patentee-plaintiff, which resulted in rulings of infringement, validity, willful infringement, and the award of damages. (Delaware)
  • On a fast track patent case, obtained a preliminary injunction for the patentee, overcoming the defendant’s invalidity and non-infringement arguments. Federal Circuit upheld the preliminary injunction on appeal. Preliminary injunction later upheld again by the district court when the defendants moved to dissolve the injunction following grant of an inter partes review on the same patent. (Western District Texas; Federal Circuit)
  • Obtained a favorable jury trial verdict on all 57 verdict questions on behalf of the patentee-plaintiff, resulting in rulings of infringement, validity, enforceability, and an award of damages. (Western District of Texas)
  • Obtained a favorable bench trial verdict on behalf of the patentee-plaintiff, which resulted in rulings of infringement, validity, willful infringement and the award of treble damages. (Northern District Illinois)
  • Obtained a favorable jury verdict on behalf of the defendant in a 3-week jury trial, which resulted in a favorable settlement between the parties. (Northern District Texas)
  • Successfully argued for and obtained summary judgment of non-infringement in the Eastern District of Texas, while at the same time fending off plaintiff’s summary judgment motion of infringement, and finally resolved a long-pending case for the client. (Eastern District of Texas)
  • Participated in one of the first Markman hearings before Judge Rodney Gilstrap in Marshall, Texas. Negotiated favorable settlement after issuance of claim construction order. (Eastern District of Texas)
  • Successfully defended against an ITC investigation concerning patents on microprocessor architecture. (International Trade Commission)
  • Defended a patent infringement suit where the patentee sought damages in excess of $1 billion; following a 3-week jury trial, the jury found the patent invalid on two separate grounds and not infringed. Affirmed on appeal. (Eastern District Missouri; Federal Circuit)
Credentials
Education

J.D., University of Minnesota, 2001, cum laude

B.S., Colorado State University, 1994

Admissions

Court of Appeals for the Federal Circuit

E.D. Texas

S.D. Texas

N.D. Texas

W.D. Texas

N.D. Illinois 

Patent and Trademark Office

Honors

Daily Journal "Top Defense Verdict" in 2024 for MGA Entertainment Inc. v. Harris et al.

Intellectual Property Litigation, The Best Lawyers in America®, 2022-2026

“Rising Star,” Intellectual Property Litigation, Texas Super Lawyers, 2010 and 2011

Memberships

Intellectual Property Law Section and Committee Member of the Federal Circuit and Patent Law Committees, American Bar Association

Intellectual Property Law Section, State Bar of Texas

Houston Intellectual Property Law Association

ChIPs