Michael A. Dee is a member of BrownWinick and a past member of the firm's Management Committee. Mike is active in the firm's Litigation, Intellectual Property, Construction andEmployment and Labor Law practice groups.
Mike has been involved in litigation and trial practice for approximately 25 years and is in and out of court all the time. He has tried dozens of cases in state and federal court and argued numerous times before state and federal appellate courts. He represents business clients in all aspects of litigation, including claims involving contracts, intellectual property, trade secrets, construction, business dissolution, employment, fraud and various tort claims. He has been involved in lawsuits not only in Iowa, but all over the Midwest, California, Colorado, Texas, Virginia, Washington, D.C., Ohio, New York, Kentucky and New England. Mike also has been retained to conduct independent, internal company investigations involving allegations of fraud, discrimination/harassment, and violations of company policies.
A substantial amount of Mike's time is spent on intellectual property litigation. Mike has been involved in cases involving patent infringement, trademark infringement, copyright infringement and misappropriation of trade secrets. He also has argued numerous times before the Federal Circuit Court of Appeals, conducted Markman Hearings, and been involved in many preliminary injunction hearings, representing both plaintiffs and defendants.
Mike has an AV peer review rating from Martindale Hubbell Legal Directory and was named one of only 17 "Litigation Stars" in the State of Iowa for 2013 by the prestigious Benchmark Litigation. Mike is a member of the Iowa Academy of Trial Lawyers, which is an invitation-only organization with a limited number of members. He also has been recognized for inclusion in Super Lawyers®for intellectual property litigation, construction litigation and general litigation, Chambers USA® for litigation and Best Lawyers® for commercial litigation.
Mike is a former federal prosecutor with the United States Department of Justice in Washington, D.C., where he prosecuted primarily bank fraud and complex white collar crime as part of the Criminal Division's Fraud Section.
Mike is a member of the Iowa State Bar Association, including the Federal Practice Committee, of which he was Chair in 2010-2012. He also is a member of the Polk County Bar Association, where he served on the Board of Directors from 2002 to 2006 and a member of the American Bar Association (Intellectual Property Law and Litigation Sections). He is admitted to practice in the State of Iowa and the District of Columbia, the Federal District Courts for the Southern and Northern Districts of Iowa and the District of Nebraska, the Eighth Circuit and Federal Circuit Courts of Appeals, the United States Supreme Court and the United States Court of Federal Claims. Mike was the Chair of the Greater Des Moines Partnership's Government Policy Council in 2010, and currently serves on the Board of the Mercy Foundation, which serves Mercy Hospital and its affiliated entities.
In 2014, Mike was appointed by the Chief Judge of the Southern District of Iowa to serve on the Magistrate Judge Merit Selection Committee, which was charged with reviewing and recommending a new Magistrate Judge for the Southern District of Iowa.
Mike received a B.S., with distinction and honors, from Iowa State University in 1984 and his J.D. from the University of Iowa in 1987. Mike received the American Jurisprudence Award in 1986.
GS CleanTech Corp. v. Homeland Energy Solutions, Pacifric Ethanol Stockton and Aemetis Fuels Keyes — Currently representing these defendants in three separate lawsuits filed in the Northern District of Iowa and the Eastern District of California, alleging infringement of numerous patents describing a process for separating corn oil as a byproduct of the ethanol manufacturing process. The cases were transferred to multidistrict litigation in the Southern District of Indiana, where the Court entered an Order granting Summary Judgment that all of the patents in suit are invalid.
D.B. Zwirn v. First Americann Bank, et. al. — Represented First American Bank in a case in the Federal District Court for the Southern District of New York involving various breach of contract and conspiracy claims related to the transfer and repayment of a debt instrument, which the parties eventually settled.
Serverside Group, Ltd., et. a. v. Tactical 8 Technologies, et. al. — Represented Tactical 8 against allegations of infringement of patents involving the customization of financial transaction cards. The case was originally filed in the District of Delaware before being transferred to the Northern District of Iowa. The case proceeded through claim construction and fact and expert discovery before settling.
Birchansky Real Estate/Fox Eye Surgery, LLC, et. al. v. St. Luke's Hospital, et. al. — Successfully represented St. Luke's Hospital before the Iowa Supreme Court in the judicial review of the Iowa Department of Health's denial of Birchansky Real Estate's request for a Certificate of Need to open an outpatient surgical facility. Birchansky attempted to utilize an exception to Iowa's Certificate of Need law to become the successor to an ambulatory surgery center operated by St. Luke's Hospital. The Supreme Court unanimously agreed that the agency properly denied Birchansky's request. Birchansky subsequently attempted to obtain another Certificate of Need as Fox Eye Surgery and was again denied by the agency. The agency and St. Luke's, as an intervenor in the case, successfully defended such denial at both the district court and the Iowa Court of Appeals.
Filtrexx International, LLC v. Soil-Tek, Inc., et. al. (Northern District of Ohio) — Represented defendants in a multimillion dollar patent and trademark infringement lawsuit in federal district court for the Northern District of Ohio, where Court granted our motion to dismiss for lack of personal jurisdiction.