Fried, Michael S.

Current Employment Position(s)

Partner

Lawyer Overview

Mike Fried represents clients in complex litigation matters, concentrating on appeals and potentially case-dispositive motions. He has extensive experience with appellate litigation and has focused, among other areas, in constitutional law, antitrust, labor, and intellectual property. He has argued numerous appeals in the federal circuit courts.

Mike's recent work includes participating in the representation of R.J. Reynolds Tobacco Company in the tobacco companies' successful appeal of a $145 billion punitive damages award in Florida state court. He also was coauthor of a successful certiorari petition and victorious merits brief in Ortega v. Star-Kist, 545 U.S. 546 (2005), a case addressing the question whether the federal supplemental jurisdiction statute authorizes pendent party jurisdiction in diversity cases.

Mike has published articles on issues including, among others, statutory interpretation, federalism, and intellectual property. His writings have been praised by a federal court as "[p]articularly helpful in analyzing" issues relating to statutory interpretation, In re Kane, 336 F.R. 447, 485 n.16 (Bankr. D. Nev. 2006), and cited in numerous legal journals. See, e.g., Owen D. Jones & Timothy H. Goldsmith, "Law and Behavioral Biology," 105 Colum. L. Rev. 405, 483 (2005) and Jim Chen, "Judicial Epochs in Supreme Court History," 47 St. Louis U. L.J. 677, 713 (2003).

Mike is a member of the Firm's Federal Circuit and IP Appeals service and has significant experience in appeals and trial practice in patent litigation. He has represented clients in a variety of intellectual property cases before the United States Supreme Court, the Federal Circuit, and the district courts.

Areas of Practice

• Issues & Appeals
• Intellectual Property
• Appellate Advocacy in the U.S. Supreme Court
• Appellate Litigation in Other Federal & State Courts
• Trial Litigation in Federal & State Courts
• Federal Circuit and IP Appeals

Representative Cases

• Bombardier settles favorably in subpoena enforcement action related to Amtrak Inspector General investigation
• CBS Corporation prevails in 3rd Circuit appeal of ERISA action regarding entitlement to retiree benefits
• Chevron victorious in challenge to Hawaii statute capping rent collected from lessee gas stations as Takings Clause violation
• Children’s Broadcasting Corp. prevails in district court and on appeal involving breach of contract and trade secrets misappropriation
• Crown Cork & Seal files suits seeking declaration of rights under ERISA and LMRA to alter certain retiree medical benefits
• Crown Cork & Seal pursues declaratory judgment action in 3d Circuit regarding employer’s power under collective bargaining agreements to modify retiree health benefits
• Cuyahoga Falls obtains Supreme Court ruling that building permit delay for public referendum was not discriminatory
• DaimlerChrysler petitions U.S. Supreme court to review case involving supplemental jurisdiction statute
• Dana Corporation obtains Global Settlement and creates VEBA trusts for retiree health care benefits , (2009)
• ICANN wins dismissal of RICO and antitrust lawsuit by domain name registrant
• Individual plaintiffs prevail in landmark U.S. Supreme Court case interpreting supplemental jurisdiction statute
• Lamson & Sessions succeeds in appeal of electrical outlet cover patent infringement jury verdict
• Pfizer opposes certiorari in appeal from ruling of patent noninfringement of screening anti-inflammatory drugs
• Property owners defend appeal in 2d Circuit of diversity action under NY law involving real estate sales contract
• R.J. Reynolds achieves dismissal of private action seeking Medicare reimbursement for tobacco-related illnesses
• R.J. Reynolds defends Illinois consumer class action alleging fraud in the marketing of "light" cigarettes
• R.J. Reynolds obtains reversal of district court's class certification order
• R.J. Reynolds prevails in decertifying statewide class action of former and current Florida smokers
• R.J. Reynolds pursues First Amendment and preemption challenge to Massachusetts cigarette advertising restrictions
• R.J. Reynolds Tobacco wins appeal of punitive damages awarded under Kansas law in individual smoker action , (2009)
• Republican National Committee challenges constitutionality of McCain-Feingold campaign finance law , (2009)
• Sandra Craft pursues Supreme Court case involving attachment of federal tax liens
• sanofi-aventis wins unanimous jury verdict in Arava antitrust litigation
• Security Industrial Insurance successfully defends against race discrimination class action
• Tamko Roofing Products urges Supreme Court to review case regarding scope of public policy restrictions on arbitral awards reinstating employees
• Texas Instruments prevails in patent infringement dispute with Tessera relating to certain packages for semiconductor devices

West Practice Categories

Bankruptcy Litigation, Class Actions, Complex Litigation, Copyrights, Federal Appellate Practice, Federal Claims Court, Federal Trial Practice, Intellectual Property Law, International Intellectual Property, International Trade Litigation, Litigation & Appeals, Military & Veterans Appeals, Multidistrict Litigation, Patent Litigation, Patents, State Appellate Practice, State Trial Practice, Tax Litigation, Technology Licensing, Trade Dress, Trade Secrets, Trademarks, US Court of Appeals for the Federal Circuit, US Supreme Court

Bar Admissions

• District of Columbia
• New York

Education

• Columbia University - New York
• U of Michigan - Ann Arbor

Published Works

• Survey of the Federal Circuit's Patent Law Decisions in 2006: A New Chapter in the Ongoing Dialogue With the Supreme Court, 56 American University Law Review 101, 2007
• Comment: Nevada Department of Human Resources v. Hibbs, Engage, vol. 2, issue 4, at 54, 2003
• A Theory of Scrivener’s Error, 52 Rutgers Law Review 589, 2000

Address

51 Louisiana Avenue, N.W.
Washington, DC 20001-2113

Phones

1.202.879.3434 (Business Phone)

Faxes

1.202.626.1700 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com