Michael P. Padden

Partner

photo-michael-padden

Email

mpadden@pearne.com

Phone

216-579-1700 ext. 276


Mike Padden is a partner at Pearne & Gordon LLP with extensive litigation and trial experience.  He concentrates his practice on IP-related litigation matters and other business disputes in state and federal jurisdictions as well as administrative proceedings held before the Patent Trial and Appeal Board and Trademark Trial Appeal Board.

In his 30 years of practice, Mike has successfully represented clients from a broad range of industries in a wide variety of business disputes, including actions based on patent infringement, misappropriation of trade secrets, antitrust violations, breach of contract, breach of fiduciary duties, and other business torts.

In order to effectively represent his clients, Mike works to combine his extensive experience with creativity, responsiveness, and a consistent focus on the cost/benefit analysis of every step in the process. He enjoys digging into complex factual and legal issues to identify a simple, straightforward way to demonstrate the merits of his client’s position. Credibility, service and value are the fundamentals of his approach.

In recent years, Mike has focused especially on patent and trade secret litigation. He has successfully prosecuted and defended patent infringement claims involving a variety of technologies, including: drug delivery systems, construction materials, and internet business methods.

He serves as co-chair of the ABA Patent Litigation Subcommittee and is a member of the working group that drafted and revised the Patent Local Rules for the United States District Court for the Northern District of Illinois.

He has been recognized by Super Lawyer® for 2005-2007, 2012, 2013, 2014, and 2015, by Leading Lawyer℠ in 2007-2010 and named as a Top Lawyer in Illinois in 2013 and 2015.

Mike is currently a member of the following: Trial Bar for the Northern District of Illinois, Patent Litigation Subcommittee of ABA Section of Litigation, Intellectual Property Lawyers Association of Chicago, The Lawyer’s Club, Legislative Advisory Board of the Office of Catholic Schools.


 Presentations

“Patent Cases in the Supreme Court”, ABA Section of Litigation Intellectual Property Committee Roundtable, March 24, 2017.

“Reasonable Royalty Damages: How to Satisfy the Judge and Persuade the Jury,” ABA Section of Intellectual Property Law and the ABA Center for Professional Development, August 19, 2014.

“Determining Damages in Patent Cases Since Uniloc ‘s ‘Prohibition’ on Using the 25% Rule,” Intellectual Property Law Association of Chicago, September 20, 2012.

“Spoliation Rules for Patent Litigation,” ‘MAC Corporate Counsel Committee CLE Seminar, April 13, 2012.

“Ethics in Litigation Management,” Ethics for In-House IP Counsel, June 8, 2010.

Michael P. Padden, “Issues and Considerations Associated with Concurrent Reexamination: A Litigator’s Perspective,” Practising Law Institute, Patent Litigation Program, March 11, 2010.

“Out of Court Investigations,” Ethics for In-House IP Counsel, June 30, 2009 and June 19, 2012.

Michael P. Padden, “Licensing Strategies in the Wake of the Terrible Trio: eBay, Medlmmune and KSR,” IQPL Patent Strategies Conference, September 26, 2007.

Michael P. Padden, “Patent Claim Construction from Markman to Phillips,” Forum on Preventing and Defending Pharmaceutical and Biotech Patent Litigation, December 9, 2005.

Michael P. Padden, “Early Stage Patent Litigation,” Law Seminars International, Program Co-Chair, September 24, 2004.

Michael P. Padden, “New Strategies Arising From Hatch-Waxman Amendments,” Practising Law Institute, Telephone Briefing, May 12, 2004.

Michael P. Padden, “Exclusive Contracts, Market Share Discounts and Bundled Discounts,” Gardner, Carton & Douglas Breakfast Briefing on Antitrust Issues in Distribution and B2B Exchanges, February 8, 2001.

Michael P. Padden, “Staying Ahead in e-Business Method Patenting,” Gardner, Carton & Douglas Breakfast Briefing, November 30, 2000.

Michael P. Padden, “Suggestions For Avoiding Whistleblower Suits,” Compliance and Ethics Conference, BlueCrossBlueShield Association, 1999.

Michael P. Padden, “ERISA Preemption,” Gardner, Carton & Douglas Breakfast Briefing, October 30, 1997.

Michael P. Padden, “Creating and Maintaining an Effective Document Retention Policy,” Compliance and Ethics Conference, BlueCross BlueShield Association, 1998.

Michael P. Padden, “Applying Unilateral Effects Analysis to Hospital Consolidation,” Health Care Antitrust Forum, Chicago, IL, 1996.

“A Focus on Antitrust, Legal Perspectives in Providers Networks,” Center For Health Administration Studies, Winter 1995 Workshops.

“Keeping Your ERISA Issues Out of Court,” Gardner, Carton & Douglas Breakfast Briefing, March 12, 1993.

“Antitrust Law in the Health Care Industry,” Rush-Presbyterian-St. Luke’s Medical Center, Health Law Course, 1991-92.

“Illinois Contract Law,” Chicago Bar Association Continuing Legal Education Program, February 1991.

“Antitrust Law in the Health Care Industry,” DePaul University Health Law Course, 1989, 1990.


Education

Stanford University Law School, J.D., 1981 Associate Editor, Stanford Law Review
University of Notre Dame, B.A. Government, 1978 Phi Beta Kappa


Admissions

Illinois Supreme Court
United States Supreme Court
United States Courts of Appeal for the Seventh and Tenth Circuit
U.S. District Court, Northern District of Illinois and federal district courts in Indiana, Michigan, Florida and Wyoming