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David C. Berry

David C. Berry

The Late Distinguished Professor Emeritus

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

[email protected]

Professor Berry specialized in patent and intellectual property law, including patent litigation and licensing. He is a former Director of Cooley's Graduate Program in Intellectual Property Law. He was Of Counsel at Brooks Kushman, PC, a Southfield, Michigan-based IP boutique law firm. In addition, he was Academic Director of Patent Resources Group, Inc., a leading provider of continuing legal education programs in the patent and IP fields. Professor Berry was the principal instructor for PRG's Patent Bar Review Course, which prepares hundreds of students each year to pass the USPTO Registration Examination.  

Professor Berry was nationally-recognized as a commentator on patent and IP law issues. He was a past Chair of the State Bar of Michigan Intellectual Property Law Section, and Chair of the Steering Committee of the Michigan Patent Pro Bono Project, which provides pro bono patent legal services to low-income inventors in Michigan. He was a member of the board of directors of the Pro Bono Advisory Council, which coordinates a national network of patent pro bono programs with the U.S. Patent and Trademark Office, and director of a USPTO-certified law school patent clinic at Wayne State University Law School.

Before 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.

In private practice, Professor Berry has represented companies in patent and license disputes, including in such fields as consumer products, high-speed optical networks, biotechnology and biochemical engineering, semiconductor fabrication, computer devices, financial services, and e-commerce. He has been responsible for all aspects of litigation, including bench and jury trials 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.

At Cooley, Professor Berry taught Patent Law, Patent Litigation, Trade Secrets, and Licensing of Intellectual Property.

Professor Berry was a Registered Patent Attorney admitted to practice before the U.S. Patent and Trademark Office and is 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 Short Works

  • David C. Berry and Benjamin Stasa, Fixing Patent Eligibility by Limiting Scope to Disclosed Embodiments, Patently-O IP Blog, (June 4, 2018).
  • David C. Berry and Christopher C. Smith, 2016-2017 U.S. Supreme Court Intellectual Property Case Review, IPLS Proceedings (July 2017). 
  • David C. Berry and Thomas Redick, Genetic Editing in Agriculture: Patenting and Potential Liability Issues, American Agricultural Law Association, Agricultural Law Update Vol. 29 (May 2017).
  • David C. Berry, et al., New Pro Bono Opportunities for Michigan Intellectual Property Attorneys, Mich, B.J., (Feb. 2016). 
  • David C. Berry, U.S. Supreme Court Patent Case Review - October 2013 Term, IPLS Proceedings (December 2014). 
  • David C. Berry and Frank A. Angileri, The Federal Circuit's VirnetX Ruling Continues Focus on Requirements for Proving Patent Damages, SSRN No. 2506914 (Sep. 26, 2014)(also published in Law360 Intellectual Property, Oct. 2, 2014).
  • David C. Berry, Gunn v. Minton: Supreme Court Pokes Another Hole in Exclusive Federal Jurisdiction Over Patent Rights, SSRN No. 2332879 (Mar. 13, 2013)(also published in IPLS Proceedings, Mar. 2013).


  • "Intellectual Property for Startup Companies," Detroit Startup Week (Detroit, MI, June 19, 2018).
  • "What Happens to a Sublicense when the Master License Terminates?" Intellectual Property Owners, IP Licensing Committee (May 10, 2018).
  • "All Bark, No Bite" (Patent/IP Licensing Issues), Michigan Intellectual Property Law Association, Troy, MI (Feb. 27, 2018). 
  • Moderator, AutoLex Forum 2017, "IP Valuation, Licensing and Protection," Detroit, MI (Nov. 8, 2017).
  • "CRISPR Patent Landscape," American Agricultural Law Association 38th Annual Agricultural Law Symposium, Louisville, KY (Oct. 27, 2017).
  • "Seminar for Startups: Protecting Your Intellectual Property," USPTO Midwest Regional Office Seminar, Lansing, MI (Sept. 26, 2017).
  • "Intellectual Property for Startup Companies," Small Business Legal Academy, Detroit Startup Week (Wayne State University, May 20, 2017).
  • "2017 Federal Circuit Patent Definiteness Decisions," American Corporate Counsel Association, (April 5, 2017).
  • Moderator, "Trade Secrets Under the Federal DTSA," State Bar of Michigan, Intellectual Property Law Section Spring Seminar, E. Lansing, MI (Mar. 13, 2017).
  • "Fundamentals of U.S. Patent Law and Practice," one-week intensive course presented in collaboration with GIIP (Bangalore, India, December, 2016).
  • "Drafting and Prosecuting Patent Applications in Light of Alice," presentation to GE Global Research (India)(April 21, 2016).
  • "Trademark Licensing Update," Intellectual Property Owner Assn, IP Licensing Committee (April 2, 2016).