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Michael Wueste

Michael Wueste

Of Counsel
  • NEW YORK Phone: 212-808-2916 Fax: 212-351-3401
Mr. Wueste’s practice focuses on complex technology disputes, include patent litigation.  Mr. Wueste represents both plaintiffs and defendants in cases involving technologies in a wide variety of industries, including networking, consumer electronics, standards-essential wireless communications, computer processors, semiconductor fabrication, software, telecommunications, AI hardware, and security technology. Mr. Wueste has significant experience in all phases of patent litigation, including fact and expert discovery, dispositive motion practice, trial, post-trial, and appeals before the Federal Circuit. Mr. Wueste has successfully represented clients before federal courts, the Patent Trial and Appeal Board, and the International Trade Commission.  Mr. Wueste has also represented clients in matters involved trade secrets and unfair competition.

In September 2024, Mr. Wueste successfully defended a consumer electronics company defendant at trial in a patent infringement suit related to encryption technology.  The team achieved a complete defense verdict of non-infringement after a one-week jury trial in Austin, Texas putting an end to the plaintiff’s claim of $361 million in damages.  Mr. Wueste led the case day-to-day, and examined the defendant’s sole fact witness at trial.
 
Mr. Wueste was a key member of the team defending Intel Corporation in a patent litigation brought by XMTT, Inc. accusing virtually all of Intel’s desktop and mobile processors of infringement. Mr. Wueste defended numerous Intel witnesses, deposed key third party witnesses, and prepared and defended expert witnesses. Desmarais LLP won summary judgment of non-infringement for Intel Corp., and successfully defended that judgment on appeal before the Federal Circuit.
 
Mr. Wueste represented a plaintiff asserting a portfolio involving semiconductor fabrication against multiple defendants in the District of Delaware, the Western District of Texas, and in front of the Patent Trial and Appeal Board.  Mr. Wueste successfully defended multiple patents in front of the PTAB, and the litigations resulted in multiple favorable settlements for the client.
 
Mr. Wueste was also part of the team that secured an infringement verdict at a jury trial in federal district court for Intellectual Ventures in a patent infringement action relating to memory devices and consumer electronics.
 
Before joining Desmarais LLP, Mr. Wueste was an associate in the Palo Alto, California office of Kirkland & Ellis LLP. While at Kirkland & Ellis, Mr. Wueste was a member of a team that successfully represented Cisco in two ITC actions against a major competitor from initial filings through discovery to two separate trials, and helped secure two separate initial determinations finding no invalidity and infringement of Cisco’s patents.
 
During law school, he participated in the General Clinic representing clients in landlord-tenant disputes and misdemeanor actions, and served as an associate editor for the Michigan Telecommunications and Technology Law Review. Before law school, Mr. Wueste taught English composition at Maui Community College, in Kahului, Hawaii, and at De Anza College, in Cupertino, California.

Prior Experience:

  • Associate, Kirkland & Ellis LLP, 2014-2016

Courts:

  • United States District Court for the Northern District of California
     

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Representative Matters

  • Represented Cisco in in two ITC actions against a major competitor, involving infringement of Cisco’s patents regarding network security.
  • Represented defendant in a patent infringement district court action involving location tracking through networking products and helped secure a favorable settlement shortly before the close of fact discovery.
  • Represented defendant in a patent infringement district court action and multiple inter partes review petitions involving standards-compliant telecommunications infrastructure products and helped secure an early and favorable settlement.
  • Represented Intel in a patent litigation involving processors with integrated graphics, resulting in summary judgment of no infringement.
  • Represented consumer electronics company defendant in a patent infringement suit related to encryption technology resulting in complete defense verdict at trial.
     

News & Publications

EDUCATION

University of Michigan Law School, J.D., 2014, cum laude, Associate Editor, Michigan Telecommunications and Technology Law Review

New York University, Graduate School of Arts and Sciences, M.A., English and East Asian Literature, 2006

College of Idaho, B.A., English, Philosophy, and East Asian Studies, 2004, cum laude 
 

ADMISSIONS

2014, California

2021, New York
 

OFFICES