Michael K. Erickson

Mike Erickson


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Mike Erickson is an intellectual property litigator who represents a wide variety of technology-focused clients in the software, computer, and internet industries. Mr. Erickson’s practice encompasses all areas of IP litigation, including patent, copyright, trademark, unfair competition, and trade secret matters. He has represented hi-tech startups, university technology offices, and market leaders in complex IP lawsuits across the country. Mr. Erickson’s appellate practice includes representation before the Ninth and Tenth Circuits, the Federal Circuit, the Utah Supreme Court, and the United States Supreme Court. Prior to practicing law, Mr. Erickson developed software for Sandia National Laboratories, a national security laboratory in the Department of Energy’s National Nuclear Security Administration.

Representative Cases

  • Advanced Recovery Sys., LLC v. American Agencies, LLC, 923 F.3d 819 (10th Cir. 2019). Obtained affirmance on judgment for interference with economic relations, theft of trade secrets, and copyright infringement.
  • C.R. England v. Swift Transp. Co., 437 P.3d 343 (Utah 2019). Represented C.R. England in certified question to the Utah Supreme Court regarding tortious interference.
  • American Digital Sys. v. Bryan Nelson, 2:17-cv-293 (D. Utah 2019). Defended Whistleblower Bryan Nelson against allegations of copyright infringement regarding his website kingstonclan.com, which published information criticizing the Kingston Polygamous Group. Obtained dismissal of claims and award of attorney’s fees.
  • Advanced Recovery Sys., LLC v. American Agencies, LLC, 2:13-cv-00283 (D. Utah 2017). Obtained favorable jury verdict on counterclaims for interference with economic relations, theft of trade secrets, and copyright infringement, among others.
  • Orca Health, Inc. v. 3D4Medical Ltd., 2:17-cv-00005 (D. Utah 2017). Enforced Orca Health’s intellectual property rights to patient education software apps utilizing 3D virtual anatomy.
  • Orbit Irrigation Prods. Inc. v. Sunhills LLC, No. 100700404 (Utah 2d. Dist. Ct. 2016). Obtained favorable jury verdict on claims for theft of trade secrets, defamation, and trademark infringement.
  • Choose Energy, Inc. v. American Petroleum Institute, 2016 WL 1056140 (N.D. Cal. Mar. 17, 2016). Enforced Choose Energy’s trademarks against API’s use of marks for political advertising; brought successful Rule 59(e) motion to overcome alleged First Amendment and anti-SLAPP defenses.
  • Utah State Univ. v. Avepoint, Inc., 1:15-cv-00056 (D. Utah 2015). Enforced Utah State University’s intellectual property rights to Internet tool for evaluating website accessibility for users with disabilities.
  • Zygote Media Group, Inc. v. Moorefilm Ltd., 2014 WL 12600134 (D. Utah Apr. 3, 2014). Obtained preliminary injunction (enjoining sales on App Store) on claim for copyright infringement.
  • Facebook, Inc. v. Mitel Networks, Corp., 4:12-cv-04230 (N.D. Cal. 2013). Defended Mitel against claims of patent infringement concerning Internet and telephony presence technologies.
  • Zygote Media Group, Inc. v. Elsevier, Inc., 2:10-cv-00289 (D. Utah 2011). Enforced Zygote Media Group’s copyrights in 3D virtual anatomy.
  • 1-800 Contacts Inc. v. Lens.com, 2:07-cv-591, 755 F. Supp. 2d 1151 (D. Utah 2010), aff’d in part, rev’d in part, 722 F.3d 1229 (10th Cir. 2013). Defended Lens.com against trademark infringement claims concerning Google AdWords.
  • nHance Technologies, Inc. v. TRAX, LLC, 6:09-cv-18 (W.D. Va. 2010). Defended TRAX against copyright infringement claims concerning power-plant modeling software.
  • Hospital Systems Corp. v. Novarad Corp., 2:07-cv-389 (E.D. Tex. 2009). Defended Novarad against patent infringement claims concerning JPEG2000 image compression.

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Practice Areas


J. Reuben Clark Law School, Brigham Young University, J.D.

  • cum laude
  • Executive Editor, BYU Law Review

University of Texas at Austin, B.S., Computer Sciences

Prior Professional Experience

  • Associate, Knobbe Martens Olson & Bear LLP
  • Software Engineer, Sandia National Laboratories, Department of Energy, National Nuclear Security Administration

Professional and Civic Activity

  • Chair, Intellectual Property Section, Utah State Bar
  • Co-Master, David K. Winder Intellectual Property Inn of Court
  • Member, Advisory Committee on the Local Rules of Practice
  • Member, Utah Appellate Roster
  • Volunteer, Utah State Bar Pro Bono Commission
  • Volunteer, Third Judicial District Child Support Proceedings
  • Member, Federal Bar Association
  • Member, J. Reuben Clark Law Society
  • Mentor, Volunteers in Parole, Orange County, California
  • Delegate, State Party Convention

Publications / Presentations

  • “Motion Practice in IP Cases,” moderator, Utah State Bar, IP Bootcamp, October 2021
  • “Copyright Year in Review,” presenter, BYU Copyright Symposium, Aug. 2021
  • “Senator Orrin G. Hatch’s Contributions to IP Law,” moderator, Utah IP Summit, Feb. 2020
  • “Judges Panel on Civility and Professionalism,” moderator, Utah IP Summit, Feb. 2019
  • “The First Amendment and Freedom of Speech,” panelist, University of Utah Bennion Center Service House Dialogue, Feb. 2019
  • “Masterpiece Cakeshop and the First Amendment,” panelist, Utah State Bar Spring Convention, Mar. 2018
  • “In-House Panel - What Keeps Corporate Counsel Up at Night?,” moderator, Utah IP Summit, Feb. 2018
  • “Demand Letter Traps,” co-presenter, David K. Winder IP Inn of Court, Feb. 2018
  • “Movie Filtering and the VidAngel Case,” presenter, Utah State Bar IP Section, Jan. 2017
  • “DMCA Tug-of-War: Balancing the Interests of Rightsholders, Users, and ISP’s,” panelist, BYU Copyright Symposium, Nov. 2017
  • “Trademark Litigation and the First Amendment,” presenter, Utah State Bar IP Section, Jan. 2017
  • “Inter Partes Review,” co-presenter, David K. Winder IP Inn of Court, Apr. 2016
  • “Copyright Litigation,” presenter, Utah State Bar IP Section, May 2013
  • “Applying Copyright Fundamentals to 21st Century Technologies,” presenter, Utah State Bar Spring Convention, Mar. 2013
  • “Under the Hood of Meshwerks v. Toyota,” presenter, Knobbe Martens, Aug. 2008
  • “Microsoft v. AT&T,” presenter, Knobbe Martens, Sept. 2007
  • “Resolving Domain Name Disputes: UDRP & ACPA,” moderator, Knobbe Martens, Aug. 2007
  • “Noncopying Alterations,” presenter, Orange County Bar Association IP Section, Dec. 2006
  • “Storage Tech. Corp. v. Custom Hardware Eng’g & Consulting, Inc.,” co-author, European Intellectual Property Review, Vol. 28, Issue 4, Apr. 2006
  • “Emphasizing the Copy in Copyright,” author, 2005 BYU L. REV. 1261

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Admitted to Practice -  

Utah State and Federal Courts
California State and Federal Courts
United States Court of Appeals, Federal Circuit
United States Court of Appeals, 10th Circuit
United States Court of Appeals, 9th Circuit
United States Supreme Court