Company Management

MICHAEL J. KLINE

*** ******* **** **** 770-***-**** (home) 770-***-**** (cell)

Marietta, GA 30067 *************@***.***

SUMMARY

Senior intellectual property attorney with over 25 years of diverse experience managing patent,

trademark, trade dress, trade secret, and copyright matters, including prosecution, merger and acquisition

due diligence, licensing, and litigation. Excellent communication skills, ability to spot issues early,

creative problem solving skills, and passion for excellence valued by senior management. Areas of

expertise include ability to:

Provide excellent written and oral communication

Interface with Senior Management, Legal Management, and Technical Community

Provide thought leadership and collaborate persuasively on complex legal issues

PROFESSIONAL EXPERIENCE

THE COCA-COLA COMPANY, Atlanta, GA 1999-2011

Senior Patent Counsel 2009-2011

Managed Company’s worldwide design patent portfolio and utility patent portfolio for key technologies

comprising over 40% of Company’s utility patent docket; managed Company’s patent licenses; counseled

senior management on issues relating to patent clearance, design around strategies, and pre-litigation

strategies; leveraged IP litigation experience in developing patent and technology development strategies.

“Exceptional Performance” rating

Supervised patent department staff of five paralegals and secretaries

Developed non-disclosure agreement templates for Upside contract tool

Senior Litigation Counsel-- Intellectual Property 2002-2009

Managed the Company's worldwide intellectual property litigation, including patent, trademark, trade

secret, and copyright disputes. Counseled senior management regarding pre-litigation, trial, appellate,

and settlement strategy. Negotiated settlements through mediation and licensing. Retained and managed

outside litigation counsel and experts; managed budgets for same. Strategically directed litigation team,

coordinating trial counsels' goals with business clients' objectives. Assisted as member of trial team,

participating in document discovery, depositions, and witness preparation. Counseled clients on

intellectual property issues relating to international disputes, marketing/advertising issues, trademark

oppositions, antitrust issues, parallel imports, franchising, licensing, false advertising, domain name

disputes, food law issues, counterfeiting, labeling/FDA issues, consumer class actions, and preparing

media responses.

Won seven figure jury verdict and secured patent injunction against key competitor

Settled eight figure patent dispute against Procter & Gamble

Developed Early Case Assessment strategy for managing complex litigation

Enforced patent and trade dress rights against infringers of Simply Orange® carafe

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Patent and Technology Counsel

2000-2002

Responsible for patent searches, prosecution, and other intellectual property issues concerning the

Company’s worldwide product packaging and marketing promotions. Responsible for patent clearance,

and assisting clients in designing around issued patents. Negotiated acquisition and licensing of

intellectual property rights relating to acquired companies and technologies. Managed Company's outside

submission policy and assisted in redrafting it. Prepared/negotiated non-disclosure agreements,

consulting agreements, license agreements and joint development agreements relating to Company's

technical development with third parties, including DuPont, Alcoa, Alcan, Mead, Riverwood (GPI), Sidel,

and Schmalbach-Lubeca. Performed and supervised patent validity/infringement studies. Supervised

legal assistants preparing contracts relating to information systems hardware and telecommunications

transactions. Drafted and negotiated telecommunications contracts, supply contracts, and settlement

agreements. Taught intellectual property law seminars to research personnel.

Litigation Counsel 1999-2000

Assisted in managing intellectual property litigation matters.

THORP, REED & ARMSTRONG, Pittsburgh, PA -- Equity Partner; IP Department Chair

1992-1999

Founded firm’s intellectual property department, set up docketing and filing systems, hired, trained, and

supervised 15-person department, including associates, paralegals and staff. Served on firm’s Practice

Management Committee. Served as outside chief intellectual property counsel for Sunbeam Corporation,

and oversaw filing, prosecution, and maintenance of that company's worldwide intellectual property

assets, including several hundred patents and over a thousand trademarks. Supervised/prepared patent

filings on behalf of Johnson & Johnson and The University of Pittsburgh relating to medical devices.

Performed all aspects of intellectual property practice, including litigation, prosecution, licensing, and

infringement opinions.

ECKERT, SEAMANS, CHERIN & MELLOTT, Pittsburgh, PA – Associate 1990-1992

Performed patent and trademark prosecution and litigation, and provided patent infringement opinions,

primarily for Sunbeam Corporation. Secured registration of Pittsburgh Penguin’s logo.

REED, SMITH, SHAW & MCCLAY, Pittsburgh, PA – Associate 1986-1990

Participated in patent, copyright, and trade secret litigation and performed patent prosecution and patent

infringement opinions.

BRINKS HOFER GILSON & LIONE, Chicago, IL – Associate 1985-

1986 Performed legal research, reviewed documents, prepared pleadings and briefs for patent,

trademark, and copyright litigation.

EDUCATION/HONORS

The University of Pittsburgh School of Law

J.D., cum laude, 1985

Editor-in-Chief, The Journal of Law and Commerce, 1984-85

First Place Winner, Nathan Burkan Memorial Writing Competition for article entitled “Requiring

An Election of Protection for Patentable/Copyrightable Computer Programs,” 1985

The Pennsylvania State University

B.S., Chemical Engineering, 1980

Michael J. Kline 3

NROTC Scholarship Recipient, Midshipman, 1976-1978

BAR AND PTO ADMISSIONS

U.S. Patent and Trademark Office, Reg. No. 31,632

1984

State of Illinois and USDC Northern District of Illinois

1985

Commonwealth of Pennsylvania and USDC Western District of Pennsylvania

1986

U.S. Courts of Appeals for the Federal, Third, and Fifth Circuits

Supreme Court of the United States

1997

Supreme Court of Georgia and USDC Northern District of Georgia

2000

RESUME ADDENDUM

Leadership Roles: Chair, The Coca-Cola Company Pro Bono/Community Service Committee (2004-

2006); Board Member, Founding Member, Pro Bono Partnership of Atlanta (2004-present, past Chair,

2005-2006); Member, PricewaterhouseCoopers Leadership Forum Advisory Board (2004-2008); Mentor,

The Coca-Cola Company (2008, 2009); United Way Ambassador, 2001; Emory IP Intern Supervisor,

2001-2003, 2010; Lay Eucharistic Minister and Vestry Member, Fox Chapel Episcopal Church (1996-99).

Representative Litigation Matters:

The Coca-Cola Company v. PepsiCo (E.D. Texas 2010)

Conducted pre-litigation analysis leading to filing complaint alleging trade dress and

design patent infringement of Simply Orange carafe.

Beeson v. The Coca-Cola Company (3rd Cir. 2009)

Third Circuit affirmed District Court’s grant of our motion to dismiss this contract-based

claim based on statute of limitations.

High Voltage Beverages v. The Coca-Cola Company (W. D. North Carolina 2008)

Succeeded in having trademark infringement case stayed pending outcome of

cancellation action filed against plaintiff’s trademark in TTAB.

The O-Company v. The Coca-Cola Company (M. D. Tenn. 2008)

Successfully settled trademark infringement suit, acquired assignment of plaintiff’s

trademark rights in relevant field of use.

IMC v. The Coca-Cola Company (2006)

Mediated settlement of pre-litigation dispute; drafted mediation

brief, hired mediator, expert witness, and mediated on behalf

of the Company, all without outside counsel. Settled case for less

than half the amount authorized.

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The Procter & Gamble Company v. The Coca-Cola Company (S.D. Ohio 2004)

Counseled senior management concerning global settlement of this patent infringement

dispute relating to polyphosphate preservative systems for juice-containing products.

Negotiated and drafting settlement documents and patent license. Developed strategy for

settling both this and a second P&G case reported below that involved pulling together a

cross functional team of sales and marketing, R&D, legal, risk management, and senior

company management.

The Coca-Cola Company v. PepsiCo, et al. (N.D. Ga. 2002)

Patent infringement case relating to "bag-in-box" technology. Managed case to Markman

ruling within seven months of filing suit, assisted in deposition discovery and preparation

of summary judgment motions and briefs. Participated in trial preparation and strategy.

Trial conducted in April 2005, resulting in injunction and jury verdict in excess of $4

million for our Company.

The Procter & Gamble Company v. The Coca-Cola Company (S.D. Ohio 2002)

Patent infringement dispute relating to calcium fortified juice products. Negotiated

settlement of this and another P&G litigation discussed above.

The Coca-Cola Company v. Liqui-Box (N.D. Ga. 1999)

Assisted the Company’s Senior Intellectual Property Counsel, Coca-Cola Fountain's

Assistant General Counsel, and Senior Management in developing strategy for this patent

litigation matter, and supervised outside counsel. Secured injunction for the Company.

PKM v. The Coca-Cola Company (N.D. Ga. 1999)

Member of litigation team preparing for trial of trade secret misappropriation case,

including interviewing, selecting, and preparing expert and fact witnesses, developing

defense strategy, and assisting in preparing expert reports.

Zapka v. The Coca-Cola Company (N.D. Ill. 1999)

Member of litigation team on this putative class action case alleging misrepresentation in

Company advertisements/labeling for fountain diet Coke. Interviewed and selected local

counsel in Chicago and assisted in gathering facts and interviewing witnesses for

compliance with mandatory disclosure requirements. Assisted in preparation of notice of

removal and motion to dismiss.

Rival Co. v. Sunbeam Corporation (W.D. Mo. 1997), aff’d., (Fed. Cir. 1999)

Drafted initial opinion of non-infringement and was deposed regarding that opinion.

Assisted in developing litigation strategy, preparation of summary judgment motion,

preparation of witnesses for deposition, including Sunbeam’s General Counsel, and

assisted local counsel in preparing for Markman hearing, resulting in grant of summary

Michael J. Kline 5

judgment of non-infringement that was affirmed by Federal Circuit on substantially same

grounds as set forth in my initial non-infringement opinion.

W.C. Bradley Co. v. Sunbeam Corporation (M.D. Ga. 1997)

First chair during discovery, conducted all depositions related to liability, including those

of inventors, 30(b)(6) witness, patent law and technical experts, prepared and argued

summary judgement motions seeking determination of claim construction, non-

infringement, and invalidity at Markman hearing.

Sunbeam Products, Inc. v. The West Bend Company, 39 USPQ2d 1545 (S.D. Miss. 1996), aff’d.,

123 F.3d 246 (Fifth Cir. 1997), cert. denied, 118 S. Ct. 1795 (1998)

First chair trial counsel on preliminary injunction action alleging infringement under

Lanham Act of trade dress for product configuration of Sunbeam “American Classic”

Mixmaster stand mixer. Successfully tried preliminary injunction motion to the District

Court, which resulted in one of the first cases in the country applying the Federal Anti-

Dilution Act, finding Sunbeam’s unregistered product configuration qualified as a

“famous” trademark. Successfully briefed and argued appeal to the Fifth Circuit.

Participated in preparation of Supreme Court brief successfully opposing certiorari.

Tall Oak Ventures v. Boehringer Mannheim Corp. (AAA 1996)

First chair trial counsel through discovery and trial of action alleging theft of trade

secrets, breach of confidentiality agreement, and fraud, resulting in seven figure verdict

for my client.

Black & Decker v. Sunbeam Corporation (N.D. Ill. 1993)

Assisted in developing litigation and settlement strategy in case alleging theft of trade

secrets relating to ABS plastics, suppliers and pricing thereof, and other plastics used in

the manufacture of household appliances.

Pollenex Corp. v. Sunbeam Home Comfort, 29 USPQ2d 1903 (N.D. Ill. 1993)

Assisted during discovery, took key depositions of inventor and patent attorney, relied on

by District Court in holding patent invalid for inequitable conduct, resulting in award of

attorney’s fees to Sunbeam.

Sunbeam Corp. v. Laube, 27 USPQ2d 1945 (W.D. Pa. 1993)

Second chair during preliminary injunction hearing resulting in grant of preliminary

injunction for trademark infringement. Defended depositions, including that of division

president, assisted in trial preparation, and cross-examined defendant’s “survey” expert

witness at preliminary injunction hearing.

In re Major League Baseball Players Alumni Association, 26 USPQ2d 1919; 996 F.3d 1236 (Fed.

Cir. 1993)

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Successfully argued appeal to Federal Circuit regarding trademark registrability

of Major League Baseball Player Alumni Association silhouette logo over Major League

Baseball’s “bat over shoulder” logo.

Nalco v. Calgon Corporation (W.D. Pa. 1987)

Assisted in discovery, took and defended depositions, drafted motions, took inventor’s deposition, upon which PTO

relied in interpreting prior art and rejecting all claims of patent during reexamination.

Representative Patent Prosecution/Infringement Opinion Arts:

Cashless vending equipment, vending machines, coolers, Freestyle dispensing

equipment, LED technology, coffee makers, microdosing technology, silicon dendritic

web technology, aluminum alloys, microfluidic chip technology, pharmaceuticals,

synthetic antibody mimics, artificial hearts, artificial blood, blood oxygenators, scaffolds

for tissue engineering, blood glucose sensors, endoscopic surgical instruments, calorie

sensors, PET technology, carbonated beverages, functional noncarbonated beverages,

secondary packaging, aluminum can technology, bottle closures, marketing promotions,

bag-in-box technology, water treatment polymers, rubber compounding resins, phenolic

and resorcinolic resins and adhesives, positive temperature coefficient wire, steam irons,

safety circuits, household appliances, gas and electric grills and accessories, weighing

scales, vaporizers and humidifiers, bread makers, food steamers, coal and oil magnetic

separation technology.

Adjunct Professor of Law:

University of Pittsburgh School of Law (Fall 1988) Designed and taught two-credit

course entitled “Computer Law.”

Publications:

The Baltimore Plot: The First Conspiracy to Assassinate Abraham Lincoln (Westholme

Publishing, 2008). Visit westholmepublishing.com.

“Requiring an Election of Protection for Patentable/Copyrightable Computer Programs,”

IV Computer Law Journal 607 (Spring 1986)

“A Primer on Intellectual Property Rights: The Basics of Patents, Trademarks,

Copyrights, Trade Secrets and Related Rights,” 50 Albany Law Rev. 405 (Spring 1986)

“Avoiding Client Conflicts of Interest in an Era of Corporate Change,” 14 AIPLA

Quarterly Journal 104 (1986)

“United States v. American Airlines: Flying on the Fringes of Antitrust Theory,” The

Journal of Law and Commerce (1985)

Memberships: Atlanta Inn of Court; Intellectual Property Owners Association.

References: Available upon request.

Hobbies/Interests: Running (10 K and Half Marathon), Golf, Reading, Creative Writing. Appeared

as a lawyer on hidden camera in nationwide television commercial for Coca-Cola Zero.

Michael J. Kline 7

Inventor: U.S. Patent No. 5,264,830. Co-inventor on several pending patent applications for The

Coca-Cola Company.

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