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Michael A. Tobin

Partner
Charlotte
+1.704.331.7546
Fax +1..704.353.3246

Primary Practice

Secondary Practices

Education

  • J.D., Wake Forest University School of Law, 1997, (Valedictorian; Wake Forest Law Review; Order of the Coif; Fletcher Scholar)
  • M.A., Georgetown University, 1988
  • B.S., United States Naval Academy, 1987, (with distinction, Secretary of the Navy Distinguished Graduate)

Admissions

  • Bar of North Carolina
  • U.S. Patent & Trademark Office
  • United States District Court for the Western District of North Carolina
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Tobin has substantial experience representing clients in complex technology transactions, enterprise IT transactions, intellectual property M&A transactions, licensing well-known national trademarks, computer law, software licensing and Internet legal issues. In addition to regularly counseling clients in traditional intellectual property areas such as patent, trademark and copyright law, he also represents clients involved in intellectual property disputes, such as domain name disputes and intellectual property infringement disputes.

Mr. Tobin is a frequent speaker on intellectual property, software transactions and Internet legal issues.

Achievements

  • Best Lawyers in America, Intellectual Property Law, 2008-2009

Professional/Civic Activities

  • North Carolina Bar Association, Intellectual Property Section, Past Chair
  • Carolina Patent, Trademark and Copyright Law Association, Member

Speaking Engagements

  • "Web Site Legal Audits: Evaluating Online Legal Exposure," North Carolina Bar Association seminar on Emerging Topics in Intellectual Property, April 2007
  • "The Uniform Commercial Code Warranty of Non-Infringement of Patents and Copyrights—Scope, Rights and Remedies," CLE presentation, July 2006
  • "Minimizing Conflict in Implementation and Product Acceptance," American Conference Institute's 11th National Forum on Optimizing Software Licensing Agreements, June 2006
  • "Advanced Topics on Due Diligence in Intellectual Property Transactions - Intellectual Property Issues Arising in M&A Transactions," CLE presentation, April 2005
  • "Due Diligence in Intellectual Property Transactions - Using IP Assets as Collateral," CLE presentation, January, 2005
  • "Intellectual Property Issues for Entrepreneurs," CED FasTrac seminar, November 2004
  • "ICANN's Uniform Domain-Name Dispute-Resolution Policy," CLE presentation, August 2004
  • "Trademarks, Trade Names & Domain Name Disputes," University of North Carolina Office of Technology Development Carolina Innovations Seminar, April 2004
  • "Screen Scrapers and Data Aggregators," CLE International Seminar on Intellectual Property & Technology Law, February 2004
  • "The Digital Millennium Copyright Act and The Computer Fraud and Abuse Act," Lorman Education Services, December, 2002
  • "Click-wrap & Browse-wrap Cases: Forming Binding Agreements on the Web," North Carolina State University Supply Chain Management Consortium, December 2001
  • "Software Solutions," Moderator, First Annual Metrolina Entrepreneurial Council FutureTech Conference, March 2001
  • "Internet Law Year in Review 2000," North Carolina State University E-Commerce Initiative, E-Commerce Seminar Series, February 2001
  • Represented a leading national utility in negotiating intellectual property and technology issues associated with proposed construction of a multi-billion dollar nuclear-fueled electric-generation facility.
  • Provided IP representation to a prominent national financial institution in the purchase of a commercial loan service bureau company and the subsequent multi-year provision of ASP services back to the seller.
  • Negotiated trademark licenses on behalf of public and privately-held companies from such prominent national trademark owners as Polo Ralph Lauren Corporation, Martha Stewart Living Omnimedia, Inc., Official Bugle Boy, LLC and Burlington Industries, Inc.
  • Represented a large regional hospital system in the patent license and provision of research services to a joint venture entity created among the hospital system, inventors, venture funding provider and a medical device manufacturer.
  • Represented a leading national utility in negotiating the acquisition and installation of a new digital control system for the utility's existing nuclear electric generation facilities.
  • Negotiated hardware and software acquisition of an order building and palletizier system on behalf of a large national beverage distributor.
  • Represented a leading national financial institution in preparing its bid and then participating in a bankruptcy auction of IT assets.
  • Represented a leading hospital system in negotiating a multi-year, multi-facility acquisition of electronic medical records software and hardware systems.
  • Drafted and negotiated outsourcing agreements for a publicly-traded technology company in outsourcing manufacture of the company's flagship products. Successfully resolved numerous domain name disputes, including recovery of over 100 domain names using the ICANN Uniform Dispute Resolution Policy ("UDRP") and the Anticybersquatting Consumer Protection Act ("ACPA").
  • Regularly serve as IP counsel in the acquisition and sale of IT and other technology companies.
  • Regularly serve as primary outside counsel to large public and privately-held companies for software licensing and technology transactional matters.
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