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Michael Bittner is an intellectual property trial lawyer, with an emphasis on patent litigation. He is recognized for being “superb at working up cases and delivering them in the right key for district court, Federal Circuit, and PTAB judges” (IAM Patent 1000, 2020). Michael has extensive experience across a wide array of technologies and has also been recognized for his patent litigation work by Chambers USA and The Legal 500 US.

Michael is experienced in all aspects of patent litigation (plaintiffs and defendants), including performing pre-filing investigations, handling complex discovery, preparing for and presenting at Markman hearings, working with fact and expert witnesses, preparing and presenting the case for dispositive motions and trial, and through appeal. He represents clients in a wide variety of technologies, including telecommunications, networking, financial services, and data management. Michael also focuses on cases adjudicating whether royalties for standard essential patent portfolios comply with FRAND/RAND obligations.

Michael has been recognized in the area of Intellectual Property: Texas in Chambers USA (2022–2025) and as a Chambers USA “Up and Coming Practitioner” (2019, 2021). He is listed as a “Key Lawyer” in The Legal 500 US in the area of Patents: Litigation (2021, 2025), recognized in the IAM Patent 1000 (2019–2025), named to Benchmark Litigation US’s “40 & Under List” in Intellectual Property (2017–2020), and named as a “Rising Star” in Intellectual Property Litigation for Texas Super Lawyers (2015–2020).

Michael also has extensive experience representing clients in other intellectual property disputes, including trademark, trade dress, and trade secret litigation. He has represented both Fortune 500 and small-to-medium sized business in disputes ranging from fixed fee brand enforcement actions and multimillion-dollar “bet the business” cases.

Full Bio

Credentials

J.D., The University of Texas School of Law, with honors

B.A., University of Texas, with high honors

Texas

Law Clerk, Honorable David J. Folsom, U.S. District Court for the Eastern District of Texas

Litigation – Intellectual Property


The Best Lawyers in America®, 2024–2026

Litigation – Patent


The Best Lawyers in America®, 2025-2026

“500 Leading Litigators in America – Recognized for IP & Patent Litigation


Lawdragon, 2022–2026

“Future Star”


Benchmark Litigation US, 2022–2026

“40 & Under List” in Intellectual Property


Benchmark Litigation US, 2017–2020

Ranked for Intellectual Property – Texas


Chambers USA, 2021–2025

“Up and Coming Practitioner” for Intellectual Property – Texas


Chambers USA, 2019–2021

“Key Lawyer” for Patents: Litigation


The Legal 500 US, 2021, 2025

Michael “can be looked to in complex litigations across all manner of technologies, highly regarded for his perceptive insights and meticulous approach”


IAM Patent 1000, 2019–2025

Michael “plays the role of strategist, case manager and advocate to perfection”


IAM Patent 1000, 2019–2025

“Rising Star” for Intellectual Property Litigation, Texas


Super Lawyers, 2015–2018

Close

Recognition

Litigation – Intellectual Property


The Best Lawyers in America®, 2024–2026

Litigation – Patent


The Best Lawyers in America®, 2025-2026

“500 Leading Litigators in America – Recognized for IP & Patent Litigation


Lawdragon, 2022–2026

“Future Star”


Benchmark Litigation US, 2022–2026

“40 & Under List” in Intellectual Property


Benchmark Litigation US, 2017–2020

Ranked for Intellectual Property – Texas


Chambers USA, 2021–2025

“Up and Coming Practitioner” for Intellectual Property – Texas


Chambers USA, 2019–2021

“Key Lawyer” for Patents: Litigation


The Legal 500 US, 2021, 2025

Michael “can be looked to in complex litigations across all manner of technologies, highly regarded for his perceptive insights and meticulous approach”


IAM Patent 1000, 2019–2025

Michael “plays the role of strategist, case manager and advocate to perfection”


IAM Patent 1000, 2019–2025

“Rising Star” for Intellectual Property Litigation, Texas


Super Lawyers, 2015–2018

Matters

SAP America, Inc. v. InvestPic, LLC (N.D. Tex.) – Represented the plaintiff in patent non-infringement and invalidity declaratory judgment actions, and related appeal.

Captivate LLC v. Waitt Consulting LLC, et al. (D. Neb.) – Represented Captivate in a patent infringement suit against Waitt Consulting.

Ericsson, et al. v. LG, et al. (E.D. Tex.) – Represented Ericsson in a FRAND patent suit against LG related to licensing LG’s patent portfolio of 2G, 3G, and 4G LTE wireless technology.

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Matters

SAP America, Inc. v. InvestPic, LLC (N.D. Tex.) – Represented the plaintiff in patent non-infringement and invalidity declaratory judgment actions, and related appeal.

Captivate LLC v. Waitt Consulting LLC, et al. (D. Neb.) – Represented Captivate in a patent infringement suit against Waitt Consulting.

Ericsson, et al. v. LG, et al. (E.D. Tex.) – Represented Ericsson in a FRAND patent suit against LG related to licensing LG’s patent portfolio of 2G, 3G, and 4G LTE wireless technology.

Tech Pharmacy Services, Inc. v. AlixaRx, Inc., et al (E.D.Tex.) – Represented defendants in a trade secret and patent litigation matter. Obtained defense verdict in jury trial on claims of patent infringement, trade secret misappropriation, and fraud following a month-long trial.

YETI Coolers, LLC v. RTIC Coolers, LLC., et al. (W.D. Tex.) – Represented defendants in case involving claims of trade dress, copyright, and patent infringement. Case resolved on favorable terms.

eDekka LLC v. 3balls.com, Inc., et al. (E.D. Tex) – Represented multiple defendants in patent infringement case involving data management and related appeal. Obtained judgment of invalidity on motion to dismiss under Alice and an award of attorneys’ fees based on an exceptional case finding.

Clear with Computers v. Altec Indus., Inc., et al. (E.D. Tex) – Represented defendant in patent infringement case involving internet advertising and related appeal. Obtained judgment of invalidity on motion to dismiss under Alice.

GeoTag, Inc. v. Numerous Defendants (E.D. Tex.) – Represented over thirty defendants in patent infringement suits relating to website store location technology. Lead counsel for largest joint defense effort in the history of the Eastern District of Texas (more than 400 defendants). Case resolved on favorable terms.

Matters

SAP America, Inc. v. InvestPic, LLC (N.D. Tex.) – Represented the plaintiff in patent non-infringement and invalidity declaratory judgment actions, and related appeal.

Captivate LLC v. Waitt Consulting LLC, et al. (D. Neb.) – Represented Captivate in a patent infringement suit against Waitt Consulting.

Ericsson, et al. v. LG, et al. (E.D. Tex.) – Represented Ericsson in a FRAND patent suit against LG related to licensing LG’s patent portfolio of 2G, 3G, and 4G LTE wireless technology.

See more

Close

Matters

SAP America, Inc. v. InvestPic, LLC (N.D. Tex.) – Represented the plaintiff in patent non-infringement and invalidity declaratory judgment actions, and related appeal.

Captivate LLC v. Waitt Consulting LLC, et al. (D. Neb.) – Represented Captivate in a patent infringement suit against Waitt Consulting.

Ericsson, et al. v. LG, et al. (E.D. Tex.) – Represented Ericsson in a FRAND patent suit against LG related to licensing LG’s patent portfolio of 2G, 3G, and 4G LTE wireless technology.

Tech Pharmacy Services, Inc. v. AlixaRx, Inc., et al (E.D.Tex.) – Represented defendants in a trade secret and patent litigation matter. Obtained defense verdict in jury trial on claims of patent infringement, trade secret misappropriation, and fraud following a month-long trial.

YETI Coolers, LLC v. RTIC Coolers, LLC., et al. (W.D. Tex.) – Represented defendants in case involving claims of trade dress, copyright, and patent infringement. Case resolved on favorable terms.

eDekka LLC v. 3balls.com, Inc., et al. (E.D. Tex) – Represented multiple defendants in patent infringement case involving data management and related appeal. Obtained judgment of invalidity on motion to dismiss under Alice and an award of attorneys’ fees based on an exceptional case finding.

Clear with Computers v. Altec Indus., Inc., et al. (E.D. Tex) – Represented defendant in patent infringement case involving internet advertising and related appeal. Obtained judgment of invalidity on motion to dismiss under Alice.

GeoTag, Inc. v. Numerous Defendants (E.D. Tex.) – Represented over thirty defendants in patent infringement suits relating to website store location technology. Lead counsel for largest joint defense effort in the history of the Eastern District of Texas (more than 400 defendants). Case resolved on favorable terms.

Credentials

J.D., The University of Texas School of Law, with honors

B.A., University of Texas, with high honors

Texas

Law Clerk, Honorable David J. Folsom, U.S. District Court for the Eastern District of Texas

Litigation – Intellectual Property


The Best Lawyers in America®, 2024–2026

Litigation – Patent


The Best Lawyers in America®, 2025-2026

“500 Leading Litigators in America – Recognized for IP & Patent Litigation


Lawdragon, 2022–2026

“Future Star”


Benchmark Litigation US, 2022–2026

“40 & Under List” in Intellectual Property


Benchmark Litigation US, 2017–2020

Ranked for Intellectual Property – Texas


Chambers USA, 2021–2025

“Up and Coming Practitioner” for Intellectual Property – Texas


Chambers USA, 2019–2021

“Key Lawyer” for Patents: Litigation


The Legal 500 US, 2021, 2025

Michael “can be looked to in complex litigations across all manner of technologies, highly regarded for his perceptive insights and meticulous approach”


IAM Patent 1000, 2019–2025

Michael “plays the role of strategist, case manager and advocate to perfection”


IAM Patent 1000, 2019–2025

“Rising Star” for Intellectual Property Litigation, Texas


Super Lawyers, 2015–2018

Close

Recognition

Litigation – Intellectual Property


The Best Lawyers in America®, 2024–2026

Litigation – Patent


The Best Lawyers in America®, 2025-2026

“500 Leading Litigators in America – Recognized for IP & Patent Litigation


Lawdragon, 2022–2026

“Future Star”


Benchmark Litigation US, 2022–2026

“40 & Under List” in Intellectual Property


Benchmark Litigation US, 2017–2020

Ranked for Intellectual Property – Texas


Chambers USA, 2021–2025

“Up and Coming Practitioner” for Intellectual Property – Texas


Chambers USA, 2019–2021

“Key Lawyer” for Patents: Litigation


The Legal 500 US, 2021, 2025

Michael “can be looked to in complex litigations across all manner of technologies, highly regarded for his perceptive insights and meticulous approach”


IAM Patent 1000, 2019–2025

Michael “plays the role of strategist, case manager and advocate to perfection”


IAM Patent 1000, 2019–2025

“Rising Star” for Intellectual Property Litigation, Texas


Super Lawyers, 2015–2018