Michael J. Lyons

Based in the heart of Silicon Valley, Michael J. Lyons is a force to be reckoned with in patent, copyright, trade dress, trade secret and other technology-focused litigation.

Lyons is one of the nation’s leading IP litigators with more than 30 years of experience and scores of intellectual property litigation victories, including a half-dozen jury verdicts.

In a David and Goliath-esque battle, solar panel heavyweights Boviet and Boway, represented by Lyons and the Morgan Lewis team, emerged victorious against the relatively smaller Advanced Silicon Group Technologies, LLC (ASGT) in a nail-biting patent infringement case.

This win saved the industry from a significant importation ban and highlighted the importance of a well-crafted defense strategy. Advanced Silicon Group Technologies, LLC v. Boviet Solar Technology Co., Ltd. et al. 3:21-cv-04510 (N.D.C.A., filed June 11, 2021).

“It’s one of those matters where I really am grateful to be part of a firm that has as many resources as Morgan does because that was the case where the Chinese client, who works really hand in glove with our intellectual property team in Shanghai and really benefited from not just language skills, but the cultural familiarity,” Lyons said. “Matters in the International Trade Commission need to move fast. It’s not like any other forum in the country where agility is a major key to success, and you’ve gotta have good communication with your client. You have to be working in sync so you’re hitting all your marks, and we were able to do that working with our local team in China, teaming up with people from all over the firm.”

With the future of clean energy hanging in the balance, the legal team developed an aggressive strategy to challenge ASGT’s allegations. They focused on disputing infringement and domestic industry aspects and asserting the invalidity of the patents in question. The high-stakes case went to trial in April 2021 before the Chief Judge at the International Trade Commission (ITC).

“We don’t think they ever should have been dragged into that particular investigation, and it just really brought home to me how much fun it is to work in a competitive environment,” Lyons said. “We team up with folks all over the world who bring different pieces to the team that are just absolutely critical to getting the job done.”

On Sept. 2, 2022, after what must have felt like an eternity for the solar panel giants, the administrative law judge issued a 200-page written opinion in their favor. The decision found that Boviet’s products did not infringe on any of the asserted claims, certain claims were invalid, and there was no domestic industry. The ruling was a significant win for Boviet and Boway and a sigh of relief for the clean energy industry.

Not willing to accept defeat, ASGT filed a petition seeking a review of the initial determination. However, on Feb. 27, the ITC affirmed the finding of no violation of Section 337, securing another win for Boviet and Boway.

As the dust settled on this high-profile case, the solar panel giants could finally bask in the sunlight thanks to Lyons and the Morgan Lewis team’s hard-earned victory.

—Douglas Saunders