Summary

Mike Lafeber specializes in defending and maximizing the value of his clients’ intellectual property. He has litigated more than 100 intellectual property related matters in United States District Court, including multiple patent infringement, trademark infringement, copyright infringement, and trade secret misappropriation matters. Mike also has significant experience handling contested proceedings before the United States Patent and Trademark Office.

While Mike is a veteran of more than 20 trials and arbitration hearings, his main goal has been and always will be to cost effectively achieve his clients’ business objectives. As a result, Mike has been involved in a significantly larger number of intellectual property disputes which have resolved without the need for litigation.

Mike’s practice is national in scope, with appearances in United States District Courts in Minnesota, California, Connecticut, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Montana, Nevada, New York, North Carolina, North Dakota, Pennsylvania, Tennessee, Texas and Wisconsin.

Awards

  • Top 40 Intellectual Property Attorney

  • Honoree, Best Lawyers in America, Litigation - Intellectual Property; Litigation - Patent (2018-present)

  • Honoree, Minnesota Super Lawyers (2006)

  • Honoree, Minnesota Super Lawyers Rising Stars (2004, 2006)

  • North Star Lawyer, Minnesota State Bar Association

All Service Areas

Education

  • University of Minnesota Law School (1993)

    cum laude

  • St. John's University (1990)

    B.S.

Admissions

  • State - Minnesota
  • Federal - U.S. Supreme Court
  • Federal - District of Minnesota
  • Federal - Eastern District of Wisconsin
  • Federal - Western District of Wisconsin

Notable Matters

  • Obtained dismissal of trademark infringement and counterfeiting claims brought by Fortune 500 networking company against computer reseller.
  • Obtained dismissal of inequitable conduct claim following week-long bench trial. 
  • Successfully defended California “Right of Publicity” claim.
  • Defended client against claims of trademark infringement and counterfeiting.
  • Developed and implemented copyright strategy for protecting original designs for manufactured quartz surfaces.
  • Obtained complete dismissal of seven figure breach of patent license agreement claim following week-long arbitration hearing.
  • Obtained favorable Markman ruling adopting clients’ claim interpretations in their entirety resulting in multimillion dollar settlement.
  • Obtained jury verdict of non-infringement following week long patent infringement trial.
  • Obtained preliminary injunction in patent infringement litigation mandating the shutdown of music sampling systems in Fortune 500 company’s retail stores throughout the United States.
  • Obtained preliminary injunction preventing the shutdown of Fortune 500 client’s enterprise management software due to allegations of copyright infringement.
  • Obtained summary judgment dismissal of trade secret infringement claims against defendant, which was affirmed by the 7th Circuit.
  • Obtained summary judgment dismissal of trade dress claims against the key product line of a large international toy manufacturer and distributor.
  • Represented Lion’s Tap in a much publicized “David vs. Goliath” trademark infringement lawsuit.
  • Successfully gained control of Chinese trademark registration from Chinese infringer.
  • Successfully prosecuted copyright infringement action on behalf of author against large international publishing company.

Speeches and Publications

  • "Already v. Nike: The IP Owner’s Ability to Control the Existence of a Justiciable Case or Controversy," The Midwest Intellectual Property Institute’s 2013 IP Book, April 2013.
  • "Already v. Nike: Exploring the Boundaries of an IP Owner’s Ability to Control the Existence of a Justiciable Case or Controversy," ABA Intellectual Property Roundtable National Discussion Outline, Jan. 2013.
  • "Did Rosetta Stone v. Google Change The Trademark Infringement Landscape for Keyword Advertising?" ABA Intellectual Property Roundtable National Discussion Outline, May 2012.
  • "Kappos v. Hyatt: Standard of Review of Patent Office Appeals to the District Court," The Midwest Intellectual Property Institute’s 2012 IP Book, April 2012.
  • "What’s Hot in IP Law? Top Case Law Developments," ABA Intellectual Property Roundtable National Discussion Outline, Sept. 2011.
  • "False Patent Marking Claims Under Attack: Heightened Pleading Standards, Constitutional Challenges and Legislative Action," The Midwest Intellectual Property Institute’s 2011 IP Book, April 2011.
  • "Beware the New Patent Trolls: False Patent Marking Claims After Forest Group v. Bon Tool," The Midwest Intellectual Property Institute’s 2010 IP Book, April 2010.
  • "Copyright Protection in the Digital Age: Google Book Settlement and Beyond," ABA Intellectual Property Roundtable National Discussion Outline, Nov. 2008.
  • "The Dilution Dilemma: Litigating Dilution Claims and the Trademark Dilution Revision Act of 2005," ABA Intellectual Property Roundtable, Dec. 2005.
  • "An Overview of the Traditional Law of Copyrights, Trademarks & Patents," Minnesota Defense Magazine, July 2001.

Professional Affiliations

  • Hennepin County Bar Association

    Member

  • Minnesota State Bar Association

    Member

  • Minnesota Intellectual Property Law Association

    President

  • American Bar Association

    Co-chair, Intellectual Property Roundtable Committee

  • Minnesota Defense Lawyers Association

    Former Director, 1997-2001
    Former Chairperson, New Lawyers Section, 1995-1997

  • Defense Research Institute

    Former Chairperson, Young Lawyers Corporate Counsel Committee, 2000-2001