Michael R. O’Neill is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Orange County office.
Michael is a trial lawyer with significant experience trying cases in both federal and state courts involving a wide variety of subject matters and issues. Michael has tried cases for plaintiffs resulting in multimillion dollar verdicts and has successfully defended parties against multimillion dollar claims.
Michael’s primary practice areas include patent infringement litigation and related counseling. He has been involved in many patent cases involving the following technologies:
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Computer hardware and software applications
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Semiconductor products and manufacturing processes
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Medical devices and procedures, including electrophoresis processing equipment, coronary stents, and magnetic resonance imaging (MRI) equipment and procedures
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Automated building control systems, including heating, ventilation and air conditioning (HVAC) systems, energy management systems and fluid control systems
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Material/thin film application processes, including chemical vapor deposition (CVD) and sputtering
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Lighting technologies, including blue and white light-emitting diodes (LEDs)
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Entertainment systems and devices, including video games, high-definition television components, MP3 players and digital content delivery systems
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Internet applications
Beyond intellectual property, Michael also has significant experience representing clients in complex commercial litigation matters, including toxic torts, trade secrets, unfair competition, contract disputes, product liability and professional malpractice.
Michael also is actively involved in the Firm’s pro bono program and has successfully represented clients at trial in prisoner’s rights and unlawful detainer actions.
Michael is a member of the California State Bar and is licensed to practice before all of the courts of that state, as well as before the Ninth and Federal Circuit Courts of Appeal.
While at Rutgers University, Michael was inducted into the Beta Gamma Sigma national honor society. While at Pepperdine, he was inducted into the Phi Delta Phi legal fraternity and also served as the lead articles editor for the Pepperdine Law Review.
Michael has authored many articles and is a frequent presenter on various legal topics, including patent law, trial practice, video game law, discovery, the use of expert witnesses and legal ethics. He also has taught courses in trial advocacy at Whittier Law School and the use of expert witnesses and expert liability at California State University, Long Beach.
Representative Experience
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Currently representing a Fortune 100 company in a toxic tort action involving alleged releases of toxic substances
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Currently representing a major oil company in a series of high profile product liability cases involving alleged releases of the gasoline oxygenate methyl tertiary-butyl ether (MTBE)
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Recently represented a major automobile manufacturer in a patent infringement case involving systems to connect portable electronic devices, such as an Apple iPod, to automobile sound systems
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Recently obtained a favorable ruling from the Eastern District of Texas, affirmed by the U.S. Court of Appeals for the Federal Circuit, finding that all claims of the opposing party’s patent were invalid for indefiniteness
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Successfully represented a leading provider of digital content delivery products in a trade secret action involving the development of the high-definition multimedia interface (HDMI) standard
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Successfully defended a Fortune 100 company in a series of patent infringement cases relating to building automation and energy management technology
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Successfully defended a biotechnology company in a patent case pending in the Eastern District of Texas, which resulted in a dismissal of all claims and a favorable resolution of the client’s inequitable conduct claim
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Obtained a favorable verdict for a plaintiff at trial, which resulted in a published appellate decision that clarified the duties of lawyers who undertake the role of escrow agents
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Successfully defended a client at trial in a product liability action involving claims of a defective pipeline
Education
- Pepperdine University School of Law, J.D. (magna cum laude), 1994
- Rutgers, the State University of New Jersey – New Brunswick, B.S. (with honors), 1989
