Michele Van Patten Frank

Partner
Van Patten Frank Michele
Michele Frank is a patent attorney who advises businesses and investors on patentability and enforceability issues, performs due diligence, and assists with asset transfers. Michele also negotiates licensing and transaction issues, manages patent portfolios, and produces written counsel opinions. She has significant experience representing technology companies from early-stage to multi-national corporations in all aspects of patent prosecution and counseling. 

Michele supports her clients with an integrated, cross-disciplinary legal approach, drawing on regulatory advisors, litigators, data privacy experts, employment lawyers and tax advisors, to align with the clients' business strategies and goals. Michele is passionate about providing exceptional client service, which rewards both her and her clients with strong, long-lasting relationships. Michele leverages her unique combination of government, transactional and litigation IP experience to support her clients through all stages of the product life cycle. Her counseling experience encompasses bet-the-company patent portfolio strategies, lean early-stage mission critical patent prosection, and complex global patent portfolio prosecution and management. She frequently works with clients through fund raising IP diligence, product clearance, licensing and enforcement.  She represents numerous companies in the healthcare industry, including those with medical device, orthopedic implant, smart contact lens, respiratory technology, ultrasonic periodontal system, medical diagnostic, and home healthcare monitoring system patents. Michele has additional direct experience assisting organizations in the consumer products, sporting goods, spectroscopy, optical disc, water desalination, telecommunications, and surveillance system sectors. She is adept at securing and defending patents covering 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, Michele worked as a patent examiner at the U.S. Patent and Trademark Office.

Experience

Government Experience

  • Patent Examiner, United States Patent and Trademark Office

Representative Matters

  • Led a California-based medical device company's patent strategy from inception through product development, culminating in a $25 million valuation; led patent diligence through funding rounds by investors, including two major venture capital firms; developed a fully integrated international patent strategy for the company's respiratory product, systems, and functionalities across multiple indications for use, to build protection for the commercial technology, and block infringers and design-around technologies
  • Secured critical patents for a medical device company that deals with aneurysms and was seeking an attorney with combined patent examiner, prosecutor, and litigator experience to expedite applications stalled in the USPTO. Worked with the client and the USPTO to obtain valuable patents that cover the client’s inventive contributions, while maintaining strategic blocking coverage, and positioned client to withstand the scrutiny of diligence and enforcement challenges
  • 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. 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

Litigation

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

Insights

Credentials
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Education

  • J.D. American University, Washington College of Law 1994
  • B.S. Mechanical Engineering Union College 1988

Bar Admissions

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

Recognition
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  • Recognized in Chambers USA, Intellectual Property: Patent Prosecution, District of Columbia, 2019
  • Recommended for Prosecution by IAM Patent 1000 – The World's Leading Patent Professionals, 2018 - 2019
  • Recognized as a Top Lawyer of Washington, DC by Martindale-Hubbell, 2014 - 2018
  • Recognized as a Certified Patent Valuation Analyst since 2011

Community
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Pro Bono

  • Serves as a professional mentor, Larta Institute

Volunteerism

  • Charter Member, Rotary International of Great Falls, Virginia