David C. Berry

David C. Berry

Professor and Director, Graduate Program Intellectual Property Law

A.B. University of Michigan
J.D., cum laude, University of Michigan Law School

berryd@cooley.edu

Professor Berry is a specialist in patent and intellectual property law and is a Director of Cooley’s Graduate Program in Intellectual Property Law. He is a graduate of the University of Michigan and University of Michigan Law School. Prior to joining the Cooley faculty in 2002, Professor Berry was an equity partner in the Boston, Massachusetts, law firm of Testa, Hurwitz & Thibeault, LLP, a 400-plus attorney firm with a national practice in venture capital and technology law, where he practiced IP law and litigation for 15 years.

In private practice, Professor Berry represented companies in patent and license disputes, including in such fields as consumer products, biotechnology and biochemical engineering, semiconductor fabrication, computer devices, financial services, and e-commerce. He has been responsible for all aspects of litigating patent and related technology disputes, including bench and jury trials, Markman hearings, pre-litigation investigation, discovery, motion practice, and appellate practice, including successfully arguing before the U.S. Court of Appeals for the Federal Circuit. He also is experienced in the mediation and arbitration of technology disputes.

Professor Berry teaches Patent Law, Patent Litigation, Intellectual Property Law, and Licensing of Intellectual Property. He was instrumental in developing Cooley’s extensive curriculum in IP law, including the Graduate Program granting an LL.M. degree in Intellectual Property Law, a Joint J.D./LL.M. IP Program, and an Intellectual Property Concentration. He currently serves as Co-Chair of the International Trademark Association Academic Committee, as a Council Member of the State Bar of Michigan Intellectual Property Law Section, and as a Fellow of the Oakland County Bar Association.

Professor Berry is a Registered Patent Attorney admitted to practice before the U.S. Patent and Trademark Office, and is also admitted to practice in the Commonwealth of Massachusetts and the State of Michigan.

Bibliography

Articles

David C. Berry, Supreme Court Opens Door to More Patent Challenges, but Limitations on Declaratory Judgment Jurisdiction Remain, 3 J. Intell. Prop. L. & Prac. 369 (2008).

David C. Berry, Personal Liability of Directors & Officers for Corporate Infringement of Intellectual Property Rights, 3 Bloomberg Corp. L.J. 176 (2008).

David C. Berry, Harnessing the "Sport of Kings": Using Pre-Dispute Arbitration Agreements to Control Discovery in Patent Disputes, 9 Thomas M. Cooley J. Prac. and Clin. L. 1 (2006).

Book Reviews and Other Short Works

David C. Berry, Gun v. Minton: Supreme Court Pokes Another Hole In Exclusive Federal Jurisdiction Over Patent Rights, 24-2 IPLS Proceedings 10 (2013) (available at http://www.michbar.org/ip/pdfs/vol24-2.pdf ; http://ssrn.com/abstract=2232879).

David C. Berry, When Can a Patent Claim Be Invalid for Obviousness? 34 Preview U.S. S. Ct. Cases 148 (2006).

David C. Berry, “Tangential Relation” Criterion Clears the Way for Infringement of Patent Claims Under the Doctrine of Equivalents, 1 J. Intell. Prop. L. & Prac. 631 (2006).

David C. Berry, When Must District Courts Impose Permanent Injunctions Against Patent Infringers? 2005-06 Preview U.S. S. Ct. Cases 332.

David C. Berry, To What Extent Should Research That Is Performed To Identify New Drugs Be Exempt from Patent Infringement? 2004-05 Preview U.S. S. Ct. Cases 395.

David C. Berry, Protecting Valuable Know-How as a Trade Secret, 1 Lansing-Jackson Bus. Rev. Leg. Resource Guide 22 (Feb. 1, 2005).

David C. Berry, New Frontiers in IP Law: Balancing the Public’s Right to Use Technology with Private Rights of Intellectual Property Owners, 27 Benchmark (The Thomas M. Cooley Law School Magazine) 7, (No. 1, Hilary 2005).

Other Writings

David C. Berry, Searching and Reporting on Patentability (paper presented at the Practical Patent Prosecution Training for New Lawyers, American Intellectual Property Law Association, Arlington, Virginia, Aug. 13, 2003).

David C. Berry, Statement of Facts (fictional fact pattern and exhibits presented at the Practical Patent Prosecution Training for New Lawyers, American Intellectual Property Law Association, Arlington, Virginia, Aug. 13, 2003).

Presentations

David C. Berry, Speaker, Patents and Molecular Diagnostics Technology: Where Are We, And Where Are We Heading? (G2 Intelligence MDx Conference, Baltimore, Maryland June 13, 2014).

David C. Berry, Moderator, State Bar of Michigan, Intellectual Property Law Section Spring Seminar (Patent Track), (East Lansing, Michigan Mar. 24, 2014).

David C. Berry, Moderator, Fourth Annual INTA Trademark Scholarship Symposium (Dallas, Texas May 13, 2013).

David C. Berry, Speaker, Protecting Computer-Implemented Methods (Oakland University Office of Research Administration, Innovation and Commercialization Seminar Series, Rochester, Michigan Mar. 22, 2013).

David C. Berry, Speaker, A User’s Guide to Intellectual Property (43rd American Chemical Society Central Regional Meeting, Dearborn, Michigan June 6, 2012).

David C. Berry, Speaker, Rethinking Willful Patent Infringement (Washtenaw County Bar Association, Intellectual Property Section, Ann Arbor, Michigan May 16, 2012).

David C. Berry, Moderator, Third Annual INTA Trademark Scholarship Symposium (Washington, District of Columbia May 14, 2012).

David C. Berry, Speaker, Current Issues in Copyright Litigation, Federal Bar Association, Eastern District of Michigan Chapter IP Update for Federal Judicial Clerks (U.S. District Court for the Eastern District of Michigan Oct. 19, 2011).

David C. Berry, Moderator, Second Annual INTA Trademark Scholarship Symposium (San Francisco,California May 16, 2011).

David C. Berry, Audience/Cast, Talkback, following Riverwalk Theatre production of The Farnsworth Invention, part of Thomas M. Cooley Law School’s Stages of the Law series, (Lansing, Michigan Oct. 29, 2010).

David C. Berry, Speaker, Evaluating Willful Patent Infringement After In re Seagate Technology, LLC (Michigan Intellectual Property Law Association, Auburn Hills, Michigan Oct. 5, 2010).

David C. Berry, Panelist, Patent Eligibility, Bilsky, and the Future of Business Clients (Thomas M. Cooley Law School Student Intellectual Property Law Association, Auburn Hills, Michigan July 14, 2010).

David C. Berry, Speaker, Avoiding Intellectual Property Pitfalls When Representing Business Clients (Michigan State Bar of Michigan Young Lawyers Section Summit, Traverse City June 5, 2010).

David C. Berry, Moderator, Trademark Dilution Group, INTA Trademark Scholarship Symposium, Boston, Massachusetts May 24, 2010).

David C. Berry, Speaker, Patent Protection for Computer Implemented Methods (Oakland University School of Business Administration, Center for Integrated Business Research and Education, Research Seminar Series, Rochester, Michigan Jan. 29, 2010).

David C. Berry, Panelist, What Every Attorney Needs to Know about the Ever Changing Requirements of Intellectual Property Litigation (Thomas M. Cooley Law School, Lansing, Michigan Oct. 29, 2009) (video recording of panel discussion on file at the Thomas M. Cooley Law School Faculty Archives).

David C. Berry, Moderator, An Interdisciplinary Perspective on Likelihood of Confusion, (Fourth Annual INTA Learned Professor Trademark Symposium, New York, New York Jan. 3, 2008).

David C. Berry, Panelist, INTA Adjunct Professor Special Interest Group Program, (INTA Leadership Meeting, Orlando, Florida Nov. 8, 2007).

David C. Berry, Speaker, Managing the Risk of Bankruptcy in Intellectual Property Licenses (Michigan Intellectual Property Law Association, Troy, Michigan Jan. 9, 2007).

David C. Berry, Speaker, Trolls to Innovators: New Perspectives on Patent Law Reform, Symposium: Technology, Entrepreneurship and the Law (Meadow Brook Hall, Oakland University, Rochester, Michigan Mar. 23, 2006).

David C. Berry, Speaker, Arbitration of Intellectual Property and Licensing Disputes: Artful Drafting and Savvy Advocacy – A Winning Combination (American Arbitration Association Continuing Legal Education Program, Southfield, Michigan Nov. 7, 2005).

David C. Berry, Lecturer, An Introduction to Careers in Intellectual Property Law (Thomas M. Cooley Law School, Lansing, Michigan Feb. 1, 2005).

David C. Berry, Speaker, Putting “The Smart” in Intellectual Property Law (Thomas M. Cooley Law School, Lansing, Michigan June 22, 2004).

David C. Berry, Speaker, Searching and Reporting on Patentability (Practical Patent Prosecution Training for New Lawyers, American Intellectual Property Law Association, Arlington, Virginia Aug. 13, 2003) (copy of transcript on file at the Thomas M. Cooley Law School Faculty Archives).

David C. Berry, Lecturer, Trial Advisor (Harvard Law School Trial Advocacy Workshop, Cambridge, Massachusetts Jan. 2001 and Jan. 2002).

 

Real-World Experience

15 Years of Practice Before Joining Cooley

Specialties: Patent and License Disputes, Consumer Products, Biotechnology and Biochemical Engineering, Semiconductor Fabrication, Computer Devices, Financial Services, and E-commerce

Courses: Patent Law, Patent Litigation, Intellectual Property Law, and Licensing of Intellectual Property


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