Michael Polka is an associate in the Intellectual Property group and provides support in connection with patent litigation and other IP related disputes. His practice includes representation of both plaintiffs and defendants in state and federal court, and before the U.S. Patent and Trademark Office in prosecution and inter partes review proceedings. He has experience with litigation at all phases including demand letters, complaints, discovery and discovery disputes, taking and defending depositions, motion practice, trial, and appeal. He also has experience drafting IP assignment agreements and conducting due diligence in IP matters.
Michael has represented clients in the fields of nuclear power generation, architectural design, pharmaceuticals, consumer products, mechanical and chemical industrial processing, automotive engineering, and cryptocurrency. He has represented clients in patent, copyright, trademark, breach of contract, antitrust, fraud and misappropriation of trade secrets actions.
Prior to joining Hughes Hubbard, Michael was an engineer at General Electric-Hitachi Nuclear Energy, where he primarily developed computer programs related to nuclear fuel design safety and performance. There, he also developed skills in industrial design and analysis, process engineering, and alternative and green power generation technologies.
Member, New York City Bar Association, Committee on Patents
Member, International Bar Association
Southern District of New York
Southern District of Texas
Northern District of Ohio
Court of Appeals for the Second Circuit
Court of Appeals for the Federal Circuit
United States Patent and Trademark Office
TC Heartland v. Kraft Foods: Represented Plaintiff in winning a reversal of patent venue judgment; successfully convinced the Supreme Court to overturn decades of circuit precedent interpreting the patent venture statute
Bosch v. Costco: Represented Defendant in winning summary judgment, dismissing claims that Costco's sale of "hybrid" wiper products allegedly infringed four Bosch patents; also won six parallel IPR proceedings holding asserted claims invalid
Free-Flow Packaging International Inc. v. Automated Packaging Systems Inc.: Represented Defendant in securing a dismissal, with prejudice, of all claims for alleged patent infringement
Google v. Oracle: Contributed to a brief for IBM and Red Hat in support of the prevailing party
BASF Corp.v. SNF Holding Co.: Represented Defendant in the Federal Circuit's ruling that the case had been filed in an improper venue and finding that a BASF patent was invalid on summary judgment
Alibaba Group v. Alibabacoin Foundation: Represented the defendant in a trademark infringement suit regarding initial offering of cryptocurrency
AREVA NP, Inc. v. Babcock & Wilcox Co.: Trial counsel for Plaintiff in contract and trade secrets dispute regarding nuclear technology
San Diego County Credit Union v. Citizens Equity First Credit Union: Represented Defendant in securing dismissal of all non-declaratory relief in trademark infringement action
Representation of Kensington Acquisition Corp., a special purpose acquisition company, in connection with its $3.3 billion merger with QuantumScape, an electric vehicle battery supplier backed by Volkswagen Group