Professionals
Practice Areas
- Anti-Counterfeiting
- Artificial Intelligence Practice
- Complex Commercial and Business Litigation
- Consumer Products Practice
- Copyright
- Due Diligence in IP Acquisitions
- Ex Parte Reexaminations
- General Litigation
- Inter Partes Review
- Invalidity Opinions
- IP Transactional
- Licensing
- Litigation
- Non-infringement Opinions
- Opinions
- Patent Litigation
- Patentability Opinions
- Post Grant Practice
- Post-Grant Review
- Right to Practice Opinions
- Strategic IP Portfolio Development and Management
- Technology Transfer
- Trade Secret Litigation
- Trade Secrets
- Trademark and Copyright Litigation
- Trademark and Copyright Practice
- Transfers, Mergers, Acquisitions, Bankruptcies and Securitizations
- Unfair Competition and False Advertising
- Unfair Competition and False Advertising Litigation
Honors
- Best Lawyers, 2018-2024
- Martindale-Hubbell BV Rated
Admissions
- U.S. District Court, Southern District of New York, 2008
- U.S. Court of Appeals for the Federal Circuit, 2006
- U.S. District Court, Eastern District of Michigan, 2002
- U.S. District Court, Central and Northern Districts of Illinois, 2002
- U.S. Court of Appeals for the Ninth Circuit, 2000
- U.S. District Court, District of Connecticut, 1999
- State of Connecticut, 1999
- U.S. Court of Appeals for the First Circuit, 1991
- State of New York, 1991
- U.S. Patent and Trademark Office, 1990
- U.S. District Court, District of Massachusetts, 1990
- Commonwealth of Massachusetts, 1990
Education
Syracuse University College of Law, J.D., 1990
University of Minnesota, B.A., Biology, 1985
Teaching Positions
- Adjunct Professor, Western New England University School of Law, Copyright Law
Michael J. Rye
Michael Rye is a trial lawyer of more than 20 years’ experience whose varied intellectual property litigation practice runs the gamut of litigation from injunction hearings through appeal for domestic and international clients in a wide variety of industries, which often involve complex technologies. Mike’s client-oriented case management style is practical and productive. His command of the legal process involves understanding the written rules and procedures as well as the unwritten rules. He has a proven ability to solve complex legal problems through strategic planning and preparation. Mike’s practice emphasizes patent litigation, but often involves trademark, trade dress, copyright, trade secrets, unfair competition, false advertising, licensing, and other related commercial and business litigation. Mike has acted as lead litigation counsel in courts throughout the United States, including multi-district litigation and numerous Federal District courts. He co-chairs Cantor Colburn's Litigation Practice Group.
Experience Highlights
Partner, Cantor Colburn LLP, 2002-present
Associate, Cantor Colburn LLP, 1997-2002
Associate, Doherty, Wallace, Pillsbury & Murphy, PC, Springfield, MA, 1990-1997
Representative Matters
- OFS Fitel LLC et al (Dist. CT) Represented a leading manufacturer of optical fibre in a complex patent infringement suit involving more than ten patents. After considerable discovery, we were able to negotiate a substantial settlement.
- FARO v. Brainlabs (Dist. CT) Represented inventor of surgical digital positioning devices. Negotiated successful licensing program with Brainlabs and other industry leaders after discovery conducted.
- Siemon Company v. Krone, Inc. (Dist. CT) Represented a telecommunications connector manufacturer in the successful prosecution of a patent infringement lawsuit related to suppression of electrical cross-talk in connectors. Mike obtained summary judgment of infringement resulting in a favorable settlement.
- Imonex v. Greenwald Industries (E.D. TX) Represented a manufacturer of coin sorters in patent infringement defense in Eastern District of Texas with alleged multi-million dollar damages, resulting in dismissal of case and license of accused patents with nominal payment.
- Aearo Company and Cabot Safety Intermediate Corporation v. Apothecary Products, Inc. (S. D. IN) Represented trade dress owner of “pillow pack” packaging in infringement litigation and defense of cancellation action based upon alleged functionality of mark. We ultimately obtained a favorable license and dismissal of the cancellation action.
- Kaman Music Corporation v. Gibson Guitar Corporation (Dist. CT) Represented plaintiff in preliminary injunction motion and litigation asserting trademark infringement for defendant’s use of the “LP” mark. The case resulted in an agreement to discontinue the offending use.
- Thomas & Betts Corp. v. Siemon Company (W.D. TN) Represented a telecommunications connector manufacturer in the successful defense of a patent infringement lawsuit relating to printed circuit board designs with asserted damages in the millions of dollars. Our aggressive invalidity defense resulted in license of accused patents with nominal payment.
- B.A.S. Industries, LLC v. Indian Industries, Inc., (Dist. CT) Represented a distributor of table tennis equipment in litigation against the owner of the registered trademark “ping pong”. We filed a cancellation action based upon the asserted generic status of the mark. The case resulted in a favorable settlement for our client.
News
- Best Lawyers
Cantor Colburn is proud to announce that the following attorneys are recognized as 2025 Best Lawyers: Christopher C. Boehm, David Bomzer, Alison Caless, Michael A. Cantor, Michelle P. Ciotola, Philmore H. Colburn II, Steven M. Coyle, Nicholas A. Geiger, Charles F. O'Brien, Roberta L. Pelletier, Leah M. Reimer, Ph.D., David E. Rodrigues, Ph.D., Michael J. Rye, Bryan D. Zerhusen, Ph.D., Susan M. Zerull. Michael Cantor is a Best Lawyer Lawyer of the Year.
Cantor Colburn Client Alert
The Federal Circuit recently discarded its long-established test for assessing non-obviousness as it relates to a challenged design patent and to design patent applications under examination at the U.S. Patent and Trademark Office. The court replaced the test with a modified version of the Graham multi-factor analysis currently used for assessing the validity of a utility patent and the non-obviousness of utility applications. Read Cantor Colburn's Client Alert about this issue, including key takeaways.
On April 23, 2024, the FTC voted to finalize the “Non-Compete Clause Rule." Subject to exceptions, the Rule generally states that entering into a non-compete clause with a worker after the Rule’s effective date, including senior executives, is an unfair method of competition. Read Cantor Colburn's Client Alert about this issue. UPDATE
- August 17, 2023
Cantor Colburn is proud to announce that the following attorneys are recognized as 2024 Best Lawyers: Michael Cantor, Michelle Ciotola, Phil Colburn, Steve Coyle, Todd Garabedian, Ph.D., David Rodrigues, Ph.D., Mike Rye, and Susan Zerull. Ali Caless is Best Lawyers: One to Watch.
- IPLS ProceedingsJanuary 19, 2023
Michael J. Rye & Katherine Tassmer's article, "AI and Copyright Protection: Brain versus Bots," appears in IPLS Proceedings, a publication of the Michigan Bar's IP Section.
- June 22, 2021
Cantor Colburn Client Alert, "Supreme Court Requires More Oversight Over PTAB In Arthrex Decision," regarding Post-Grant. "The Supreme Court finds that the USPTO Director has ultimate oversight over PTAB decisions .... IPR procedures are expected to remain intact largely as is."
- July 25, 2018
The U.S. Court of Appeals for the Federal Circuit rejected drug maker Allergan PLC’s attempt to shield its highly profitable Restasis patents from inter partes review (IPR) challenges by transferring them to a Native American tribe, as discussed in Cantor Colburn's Client Alert.
- April 27, 2018
On April 24, 2018, the Supreme Court issued two important decisions in the cases of Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, et al., and SAS Institute Inc. v. Iancu, addressing inter partes review (IPR). Both cases will have a significant impact on IPR proceedings. In sum and as discussed in greater detail in Cantor Colburn's Client Alert, the Court determined that (1) IPR proceedings are indeed constitutional, and (2) the Patent Trial and Appeal Board (PTAB) must address all challenged claims in the final written decision.
- Law360June 2014
Law360 quoted Cantor Colburn’s Michael J. Rye on the U.S. Supreme Court’s induced infringement ruling from in Limelight Networks Inc. v. Akamai Technologies Inc.
- Corporate CounselOctober 2013
Cantor Colburn was nationally ranked for patent litigation by Corporate Counsel magazine in its October 2013 issue. Cantor Colburn’s dedicated team of litigation attorneys have decades of experience in presenting technically complex matters for trial in front of judges and juries. A partner participates in every facet of the case, bringing results that count for the client. And at each phase of the litigation, Cantor Colburn seeks practical strategies to achieve a prompt, efficient resolution of the dispute.
- Corporate CounselOctober 1, 2012
- Corporate CounselJune 1, 2012
- Corporate Counsel magazineOctober 3, 2011
- The Connecticut Law TribuneMarch 29, 2010
- GC New EnglandMarch 24, 2008
Events
- September 30, 2021Seoul, South Korea and virtual
Litigation partner Michael Rye is a speaker at the 28th International Association of Korean Lawyers Conference as part of a panel discussion, Why are Korean companies suing in the US? on September 30, 2021.
- April 18, 2019Hartford, Connecticut
Cantor Colburn is proud to sponsor the Boys & Girls Club of Hartford's 2019 GREAT Futures Celebration on April 18, 2019 at the Connecticut Convention Center in Hartford, Connecticut.
- May 11, 2017New Haven, Connecticut
Cantor Colburn is pleased to sponsor the Connecticut Intellectual Property Law Association's Judge's Dinner on May 11, 2017. Michael Rye is a past president.
- Patent Litigation Roundtable2008GC New England, Q1
Professional Affiliations
American Bar Association
- Member, Intellectual Property Section
- Member, Litigation Section
American Intellectual Property Lawyers Association
Connecticut Intellectual Property Lawyers Association, Past President
Hampden County Bar Association
Intellectual Property Owners Association
Massachusetts Bar Association