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Michael R. McCarthy is a shareholder and member of the firm’s Litigation and Environmental, Energy and Natural Resources departments and focuses on intellectual property law, patent infringement litigation and mining law matters. He is registered to practice before the U.S. Patent and Trademark Office.

Mr. McCarthy has represented clients in federal trial courts around the country and before the United States Courts of Appeal for the Ninth, Tenth, and Federal Circuits.  Additionally, he has represented clients before the United States Patent and Trademark Office and the London Metal Exchange.

Mr. McCarthy attended the University of Utah College of Law where he was a Leary Scholar and note and comment editor for the Utah Law Review.  Mr. McCarthy graduated as valedictorian from Montana Tech, University of Montana with a bachelor of science degree in mining engineering, and was selected for membership in the engineering honor society of Tau Beta Pi. Prior to attending law school, he worked in the mining industry as a mining engineer at surface coal and gold mines. Mr. McCarthy served as a law clerk for the Honorable Tena Campbell, United States District Court Judge for the District of Utah.

Mr. McCarthy is listed in the Best Lawyers in America for 2012.  Mr. McCarthy was also named to the Mountain States Super Lawyers Rising Stars list as one of the top attorneys in the Mountain States (Utah, Nevada, Montana, Idaho and Wyoming) for 2009 and 2010. No more than 2.5 percent of the lawyers in these states are selected to the list.

A representative sampling of matters for which Mr. McCarthy has been engaged includes:

• (2011 – Present): Representing fragrance and air freshener manufacturer against patent infringement claim stemming from patent on air freshener device for automobiles.
• (2010 - Present): Representing defendants in a patent infringement action pertaining to methods of preparation and use of multi-cryopreserved hepatocyte (liver) cells.
• (2010 - Present): Representing defendants in a patent infringement, breach of contract and tort action relating to patent license agreements for genetic identification technology.
• (2010 - Present): Representing retailer of outdoor equipment and apparel against patent infringement claim stemming from a patent on a method and apparatus for client-server communications using a limited capability client over a low-speed communications link.
• (2008 - Present): Representing global mining company in litigation involving claims brought under the National Environmental Policy Act and the Federal Land Policy and Management Act.
• (2005 - Present): Representing a global mining company in federal court proceedings and arbitration proceedings before the London Metal Exchange regarding breach of contract claims related to the production, supply, and transport of a base metal.
• (2010 - 2011): Defended water monitoring system supplier against patent infringement claims stemming from patent relating to detection and notification of potential contaminants in municipal water systems.
• (2009 - 2011): Defended dental equipment manufacturer against patent infringement claim stemming from patent on power supply system for dental handpieces.
• (2009 - 2010): Represented plaintiff bicycle equipment manufacturer in declaratory judgment action involving patent on carbon fiber bicycle rims.
• (2008 - 2010): Represented plaintiff in patent infringement lawsuit concerning quantum dot semiconductors for use in biological applications.
• (2009): Represented defendant in patent infringement action involving computer-based technology for computing Current Procedural Terminology (CPT) codes used in health care industries.
• (2007-2008) Represented plaintiff retailer in declaratory judgment action seeking declaration of invalidity and non-infringement on patents related to e-commerce.
• (2005-2008): Represented manufacturer of drill bits for oil and gas industry in patent infringement suit involving technology related to fixed cutter drill bits, polycrystalline diamond compact cutters used in such bits, and for making drill bits more steerable.
• (2005-2006): Defended water display design company from allegations of patent infringement. Settled.
• (2005-2006): Represented defendant in patent infringement action pertaining to child-care product.
• (2005):  Represented plaintiff water treatment equipment manufacturer seeking contempt judgment against competitor for violating court order relating to use of trade name, and after evidentiary hearing, obtained contempt judgment and damages and fee award against defendant.