Paul Redmond Michel
Judge Michel no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Michel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He construes patent claims from the intrinsic record, holding that where a claim term lacks an accepted meaning in the art a patentee is his own lexicographer and the specification and file history supply and cabin the term's scope.
“It is well-established that the patentee can act as his own lexicographer, so long as he clearly states any special definitions of the claim terms in the patent specification or file history.”
He looks to economic substance over statutory labels, holding that an exaction that does not fairly approximate the payer's use of a government service is a tax rather than a permissible user fee.
“Since the HMT is not a valid user fee, it must be a tax.”
Procedural preferences
He enforces the summary-judgment standard rigorously, drawing all factual inferences for the non-movant and requiring the absence of any genuine issue of material fact before judgment may be entered as a matter of law.
“Summary judgment is appropriate if, drawing all factual inferences in favor of the non-movant, there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.”
Cautions
He reads statutory exceptions narrowly and declines to add to the specific grounds Congress enumerated, refusing to let a specialized tribunal terminate a mandatory investigation on a ground the statute does not provide.
“The statutory exceptions in section 337(c) must be interpreted narrowly and neither the Commission nor Pomini contends that the arbitration agreement could somehow be characterized as a consent order or a settlement agreement between the parties.”
He applies sovereign-immunity principles strictly against implied waivers, refusing to read an interest-bearing liability into a statute whose text does not unequivocally provide for it.
“We must strictly construe the statute, for we may not imply a waiver.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AFFIRMED-IN-PART and REVERSED-IN-PART.”
“VACATED AND REMANDED.”
“Because we find that the district court did not err in either its construction of the disputed claim terms or its resulting finding of non-infringement as a matter of law under the doctrine of equivalents, we affirm.”
“REVERSED AND REMANDED.”
“REVERSED AND REMANDED.”
“Accordingly, we affirm in all respects the decision of the Court of International Trade granting judgment for the United States.”
“Therefore, we reverse the judgment. The case is remanded for further proceedings to determine the amount of damages due to Coast.”
“Because Gibson fails to persuade us that the Board committed legal error and we hold that its findings are supported by substantial evidence, we affirm.”
A historical record
Judge Michel no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.