Michael P. Boudett
With wide-ranging trial experience as former Deputy Chair of Foley Hoag’s Litigation Department, Michael Boudett has a particularly strong focus on litigating trademark, trade secret, and non-competition matters. He represents major clients from such industries as motor vehicles, paper, motion pictures and machine vision technology in trademark enforcement actions before the federal courts and the Trademark Trial and Appeal Board. His infringement litigation experience also encompasses copyright, patent and Lanham Act disputes, again with a strong focus on federal court proceedings.
Michael has extensive experience in litigating and trying cases involving non-competition agreements, non-solicitation agreements, and misappropriation of trade secrets. In addition to his trial success obtaining judgments and injunctions in support of employers, he has counseled numerous employer clients on strategies to enforce agreements against departing employees, to prevent raiding by competitors and to hire new employees who have agreements with other companies.
Across his full litigation practice, Michael has represented businesses as diverse as Honda North America, Genzyme, General Electric, Akamai, Intertek Testing Services, Thomas & Betts, and AstraZeneca. He tries general commercial litigation and business torts in the state and federal courts, and has used his experience in legal malpractice actions to obtain several favorable settlements for business clients asserting malpractice claims.
As part of his trial experience, Michael served as Special Assistant District Attorney, Norfolk County (District Court Criminal Session) in 1997. Before joining the firm he clerked for the Honorable Mark L. Wolf in federal district court in Massachusetts.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the District of Massachusetts
Representative Experience
The following is a brief summary of Michael's experience and accomplishments:
- Served as trial counsel to Intertek Testing Services NA, Inc. and obtained a multi-million dollar jury verdict for the plaintiff corporation against a group of ex-employees
- Handles motions for temporary restraining orders and preliminary injunctions in intellectual property-related suits
- Served as lead counsel in filing the American Intellectual Property Law Association’s amicus brief before the U.S. Supreme Court in the KP Permanent case
- Represents Honda North America in numerous trademark registration disputes before the Trademark Trial and Appeal Board
- Served as lead counsel in multi-party patent litigation involving machine vision technology
- Won summary judgment and award of attorney fees against plaintiff in defending major motion picture studio in copyright infringement action in the Central District of California
- Obtained a preliminary injunction on behalf of a high-tech client which brought to a halt another corporation’s “raiding” campaign
- Represented paper manufacturer in cutting-edge trade dress litigation in federal district court in Massachusetts
- Represented large, public electronic equipment manufacturer in action against former trial counsel for malpractice
professional / civic involvement
- Chairman, American Intellectual Property Law Association, Trademark Litigation Committee
- Former member, Litigation Section Steering Committee of the Boston Bar Association
- Former Co-Chair of the Pro Bono Committee of the Boston Bar Association’s Litigation Section
- Represents political asylum seekers in U.S. Immigration Court
publications
- "Conflicts in Trademark Law Among Circuit Courts and the TTAB: Substantive Considerations in Forum Selection," AIPLA webinar, 2006
- "IP Year in Review (Trademark issues)," Boston Bar Association, 2006
- "Trademark Infringement and Related Claims," MASSACHUSETTS BUSINESS TORTS -MCLE (2002)
- "Domain Name Disputes: Cases Illustrate Limitations of ICANN Policy," BOSTON BAR JOURNAL (March/April 2001)
- "The Goodwill Interest in Non-Competition Cases," BOSTON BAR JOURNAL (September/October 1999)