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
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.
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).
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).
David C. Berry, Panelist, What Every Attorney Needs to Know about the Ever Changing Requirements of Intellectual Property Litigation, (Thomas M. Cooley Law School, Oct. 29, 2009) (videorecording of panel discussion on file at Thomas M. Cooley Law School Faculty Archives).
David C. Berry, Lecture, An Introduction to Careers in Intellectual Property Law, (Thomas M. Cooley Law School, Feb. 1, 2005).
David C.Berry, Lecture, Putting the Smart in Intellectual Property Law, (Thomas M. Cooley L. School, June 22, 2004).
David C. Berry, Lecture, Searching and Reporting on Patentability, (Arlington, Virginia, Aug. 13, 2003) (copy of transcript on file at Thomas M. Cooley Law School Faculty Archives).
David C. Berry, Lecture, Trial Advisor, (Cambridge, Massachusetts, Jan. 2001 and Jan. 2002) (Harvard Law School Trial Advocacy Workshop).