Michelle K. Holoubek

Michelle K. Holoubek


+1 202.772.8855


Michelle K. Holoubek is a director in Sterne Kessler’s Electronics Practice Group. With a background in relativistic physics and computational modeling, Michelle combines her legal expertise and technical acumen to guide clients through the evolving artificial intelligence (AI)/deep-learning landscape. She is well-versed in protecting software-based innovation through holistic complements of patents, trade secrets, and copyrights, as well as securing freedom to operate for startups and Fortune 100 companies alike. Having handled hundreds of computational applications at the USPTO, patent-eligible subject matter (aka “101”) is Michelle’s special area of expertise.

Michelle brings an interdisciplinary approach to our digital healthcare and bioinformatics practice, focusing on the intersection between big data analytics and the life sciences ecosystem. In addition to handling deep learning AI models for biomics/genomics, diagnostics, and drug discovery, she has practiced in the biological sample analysis and detection space since the early 2000s, including microfluidics, fluorescence-based imaging systems, and next-gen sequencing. Michelle is also a strategic IP partner for financial technology (“fintech”) clients, whose use of data analytics and software within a highly regulated environment requires comprehensive IP solutions.

In addition to tailored IP counseling and patent portfolio development, she has been lead counsel in inter partes reviews (IPRs), post-grant reviews (PGRs), and reexams for both patent owners and challengers. She has also provided infringement and invalidity analysis in opinions for a variety of technologies, including biotech, fintech, and mechanical. Michelle was named as one of the inaugural Top 50 Women in PTAB Trials by the PTAB Bar Association.

Michelle is a contributing author of Patent Office Litigation, Second Edition, published in 2017, and the two-volume set Patent Office Litigation, published in 2012 by Thomson Reuters Westlaw. She is also a contributing author of the chapter on “Patentability Challenges at the U.S. Patent and Trademark Office” in the ABA’s Patent Litigation Strategies Handbook, 4th Edition (2015), and routinely speaks and publishes on AI and software patentability and eligibility.

Prior to joining Sterne Kessler, Michelle studied physics with a concentration in astronomy at Louisiana State University. She focused her research on gravitational wave detection, working on both LSU’s resonant bar detector ALLEGRO and the Laser Interferometer Gravitational-Wave Observatory (LIGO). While at LSU, she also assisted in the development of software simulation and analysis programs for laboratory and educational use, and participated in a summer research fellowship for LIGO at the California Institute of Technology. Michelle currently serves on the Executive Committee for LSU’s College of Science, and is a member of the LSU Foundation’s National Board. Michelle has her J.D. from George Mason University School of Law.


  • PTAB Bar Association, “Top 50 Women in PTAB Trials” (2021 & 2019)
  • Profiles in Diversity Journal, “Women Worth Watching® in STEM” (2020)


  • J.D., George Mason University Antonin Scalia Law School
  • B.S., Physics, Louisiana State University


  • District of Columbia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Federal Circuit
  • United States Patent & Trademark Office
  • Virginia


Speaking Engagement Industry Review 2022: Software and AI Virtual, December 13, 2022
Speaking Engagement The Keys to Effective AI Patent Portfolio Monetization Munich, Germany, November 3, 2022
Speaking Engagement Phoenix Issue VI Virtual, March 18, 2022
Speaking Engagement Navigating AI in IP Virtual, September 23, 2021
Speaking Engagement Issues of Preparing and Prosecuting AI-Based Applications Virtual, March 23, 2021
Speaking Engagement Responding to the AI Revolution: How is the Legal Practice Evolving? Virtual, October 7, 2020
Webinar Intellectual Property for Deep Tech July 30, 2020
Speaking Engagement Software IP 2018 San Francisco, CA, October 30, 2018
Speaking Engagement Patenting Artificial Intelligence Conference Munich, DE, May 30, 2018
Speaking Engagement USPTO Post-Grant Patent Trials 2018: Change & Recalibration San Francisco, CA, May 15, 2018
Speaking Engagement Round Table on Artificial Intelligence Munich, DE, March 23, 2018
Speaking Engagement USPTO Post-Grant Patent Trials 2017 San Francisco, CA, October 25, 2017
Speaking Engagement IP Software Summit 2017 San Francisco, CA, May 18, 2017
DC Bar Panel Luncheon July 22, 2014

Related News & Insights From Michelle K. Holoubek

In the News Are Winds of Change Finally Blowing on Patent Eligibility? Law360 December 21, 2022
In the News PTAB Clears Nasdaq To Seek Director Review of Axed IP Law360 January 28, 2022
In the News Pharma Turns to Trade Secrets and Open Source for Software Managing IP December 9, 2021
In the News 10 Most-Read IP Law360 Guests of 2018 Law360 December 21, 2018
In the News USPTO Patent-Eligibility Revamp May Face Court Skepticism Law360 September 25, 2018
In the News Apple, Fitbit Get Heart Sensor Patent Slashed At PTAB Law360 August 7, 2018
In the News The Biggest Patent Cases Of 2016 Law360 December 8, 2016
In the News The AIA At 5: A New World Of Patent Challenges Law360 September 13, 2016
In the News The AIA At 5: New Rules Bring New Patent Filing Strategies Law360 September 12, 2016
In the News Sterne Kessler Shares the Love for Valentine's Day Bisnow February 12, 2016
In the News Patent Cases To Watch In 2016 Law360 December 24, 2015
In the News The Future of CBMs - Michelle Holoubek Shares Insights IPPro The Internet December 16, 2014
In the News Google, Apple Get Mapping Patent Nixed in AIA Review Law360 August 18, 2014
In the News Update Report On Covered Business Method Review Today's General Counsel February 13, 2014
In the News Late AIA Review Settlements Dangerous For Patent Owners Law360 February 7, 2014