Government Experience

  • Patent Examiner, United States Patent and Trademark Office

Bar Admissions

  • District of Columbia
  • New York
  • Pennsylvania
  • Virginia
  • U.S. Patent and Trademark Office

Education

  • J.D., American University, Washington College of Law, 1994
  • B.S., Mechanical Engineering, Union College, 1988
T +1 202.344.4429
F +1 202.344.8300
 

Michele Van Patten Frank

Partner

Michele Frank is a partner in Venable's patent group with an extensive range of legal and technological knowledge. She focuses her practice on client counseling, due diligence, asset transfer, licensing and transactional matters, patent portfolio management, opinions and patent infringement litigation. She also has significant experience in all aspects of complex patent litigation including Markman hearings, jury trials and bench trials.

Utilizing her unique combination of both patent prosecution and litigation experience, Ms. Frank leads her clients in strategically establishing and protecting their IP portfolios. She advises technology companies in various industries, such as medical devices, orthopedic implants, smart contact lenses, respiratory technologies, ultrasonic periodontal systems, medical diagnostics, home healthcare monitoring systems, juvenile products, consumer products, sporting goods, spectroscopy, optical discs, water desalination, telecommunications, surveillance systems, business methods, internet technology, data storage, global positioning systems, computer graphics, software, clinical trial and research data software, electronic medical records, and superconductors.

Early in her career, Ms. Frank worked as a patent examiner at the U.S. Patent and Trademark Office.

Representative Experience

Ms. Frank led the patent strategy from inception through product development for a California-based medical device company, culminating in a $25 million valuation. She led patent diligence through funding rounds by investors, including two major venture capital firms. She developed a fully integrated international patent strategy around the respiratory product, systems and functionalities across multiple indications for use, to build protection around the commercial technology and block infringers and design-around technologies.

Ms. Frank also secured critical patents for a medical device company in the aneurysm space, who sought out her unique combination of patent examiner, prosecutor, and litigator experience to navigate applications stalled in the U.S. Patent and Trademark Office. She worked with the client and USPTO to obtain valuable patents that cover the client’s inventive contributions while maintaining strategic blocking coverage, positioned to withstand the scrutiny of diligence and enforcement challenges.

Ms. Frank has led U.S. product clearance, diligence, and patent portfolio development for European and Israeli medical device companies, including those in the areas of neurostimulation and stents. She advised on the timing of a U.S. product launch, supported the company through diligence and acquisition by U.S. entities, and managed the strategy and prosecution of a U.S. patent portfolio.

Representative litigations include:

  • Defended precision instruments supplier against holder of a camera system patent
  • Defended online retailer against holder of Internet patents
  • Enforcement of patents involving safety needles (Becton-Dickenson v. Tyco)
  • Defended against patents involving stents (Cordis Corp. v. Medtronic AVE, et al.)
  • Enforcement of patents involving compact disks (DiscoVision Associates v. Disc Manufacturing, Inc.)

Pro Bono

Professional Mentor, Larta Institute

Activities

Charter member of Rotary International of Great Falls, Virginia.