Free Consultation 215.567.2010

Michael J. Berkowitz

Partner, Philadelphia / Lehigh Valley

Mr. Berkowitz represents global companies, U.S. companies, and individuals in a wide range of intellectual property litigation and prosecution matters. He has substantial experience in all aspects of intellectual property practice, including the preparation and prosecution of domestic and foreign patents, trademarks, and copyrights; the litigation of patent, trademark, trade dress, trade secret, unfair competition, copyright, domain name, and contractual matters; and the counseling of clients in intellectual property opinion, and transactional matters. He has extensive experience in litigating matters involving Abbreviated New Drug Applications (ANDA) under the Hatch-Waxman Act for generic pharmaceutical companies. Mr. Berkowitz has significant experience in representing clients in reexamination and reissue proceedings before the U.S. Patent and Trademark Office. Mr. Berkowitz has a broad technological experience in the mechanical, electrical, manufacturing systems, and medical device arts. He is a leader in a number of professional and community organizations including having served on the Board of Governors of the Philadelphia Bar Association, and having served as founding co-chair of its Intellectual Property Committee. He is a co-Director of the Phila. Bar Association Charity Run and is a past Chancellor of the Louis D. Brandeis Law Society. He also has served as an adjunct faculty member at Temple University School of Dentistry teaching orthodontic residents about intellectual property issues.

Awards & Recognition

  • Pennsylvania Super Lawyer, 2006-2017
  • Best Lawyers in America, 2016-2017
  • American Jurisprudence Award in Legal Methods and Moot Court
  • Martindale Hubbell AV Distinguished Rated

Industries Served

  • Clothing
  • Drug Delivery
  • Healthcare
  • Independent Inventors and Small Businesses
  • Industrial Automation and Robotics
  • Industrial Sealant Dispensing
  • Internet
  • Jewelry
  • Construction Materials
  • Medical and Dental Devices
  • Mechanical Devices
  • Retail Displays
  • Sporting Goods

Related Representative Matters

  • First Round Capital, LLC v. Askari Holdings, LLC d/b/a Skytop Rover (E.D. Pa., 2016). Obtained order directing U.S. Marshals to seize asset (exotic vehicle) in possession of defendant for modification to conform with Federal Motor Vehicle Safety Act.
  • Phreshclick, Inc. v. Internet Order, LLC, No. 15-885 (E.D. Pa., 2015). Serve as local counsel to Plaintiff in suit for breach of contract.
  • Perfect 10, Inc. v. GigaNews, Inc. LiveWire Services, Inc. et al., 2:14-mc-0141-GAM (C.D. Calif., 2014). Represented non-party witness in connection with responding to testimony subpoena. Obtained court order severely limiting deposition terms and resulting in cancellation of deposition.
  • Newborn Bros. Co., Inc. v. Albion Engineering Co., No. 12-cv-2999 (D.N.J., 2012). Represent defendant in suit alleging false advertising and false country of origin marking of caulking guns and related accessories under the Lanham Act.
  • Richline Group Inc. v. Stanley Creations, Inc., No. 11-cv-3426-ADM-FLN (D.Mn, 2011). Represented defendant in suit for copyright infringement involving jewelry.
  • Novartis v. Apotex, (S.D.N.Y. 2009). Represented generic manufacturer in Hatch-Waxman patent litigation involving Miacalcin (calcitonin) for osteoporosis.
  • Genzyme v. Pentech Pharmaceuticals, Inc., (N.D. Ill. 2008). Represented generic manufacturer in Hatch-Waxman patent litigation involving Hectorol (doxercalciferol).
  • Connetics Stiefel v. Pentech Pharma, et al., No. 07-cv-6297 (N.D. Ill 2007). Represented generic manufacturer in Hatch-Waxman patent litigation involving Luxiq (betamethasone valerate) for skin conditions.
  • Unigene Labs, Inc. and Upsher-Smith Labs, Inc. v. Apotex, No. 06-cv-5571 (S.D.N.Y., 2006). Represented defendant in Hatch-Waxman patent litigation involving pharmaceutical drugs.
  • Ethidium Health Systems, LLC v. Take Care Health Systems, LLC, No. 06-3061, 2006 WL 3097938 (E.D. Pa., October 27, 2006). Represented plaintiff in suit for copyright infringement and misappropriation of trade secrets involving web-based electronic medical records software system.
  • High Concrete Structures, Inc. and High Concrete Technology, LLC v. J.W. Peters, Inc. (N.D. Ill., 2005). Represented plaintiffs in suit for patent infringement involving a device for transporting concrete structures used in building parking garages and other buildings.
  • Sanofi-Aventis, Sanofi-Synthlabo Inc., and Bristol-Myers Squib Sanofi Pharmaceuticals Holding Partnership v. Apotex Inc. and Apotex Corp., 363 F.Supp.2d 592 (S.D.N.Y., 2005). Represented defendant in Hatch-Waxman patent litigation involving pharmaceutical drugs.
  • Apotex, Inc. et al. v. Eon Labs Manufacturing, Inc. (S.D.N.Y., 2002). Represented plaintiff in Hatch-Waxman patent litigation involving pharmaceutical drugs.
  • High Concrete, Inc. v. New Enterprise Co., et al., No. 02-0086, 2003 WL 22358869 (E.D. Pa, May 27, 2003). Represented plaintiff in suit for patent infringement involving a device for transporting concrete structures used in building parking garages and other buildings.
  • Arlington Industries, Inc. v. Bridgeport Fittings, Inc., 290 F.Supp.2d 508 (M.D. Pa, 2003). Represented defendant in suit for patent infringement involving extenders for electrical junction boxes.
  • Biovail Laboratories, Inc. v. TorPharm Inc., 326 F.Supp.2d 605 (E.D. Pa., 2004). Represented defendant in Hatch-Waxman patent litigation involving pharmaceutical drugs.
  • Big Fork, LLC v. Howard Nutinsky et al. (E.D. Pa., 2001). Represented defendant in suit involving cybersquatting of Internet domain name and dilution.
  • Biovail Laboratories, Inc. v. TorPharm Inc., No. 01-9008, 2003 WL 21254417 (N.D.Ill.,May 29, 2003). Represented defendant in Hatch-Waxman patent litigation involving pharmaceutical drugs.
  • Colby Mfg. Corp. v. Waterstone Medical (E.D. Pa., 2001). Represented Plaintiff in suit for patent infringement involving a device for aspirating fluids from hospital operating room floors.
  • Windowizards v. Gray (E.D. Pa., 2001). Represented plaintiff in suit for cybersquatting of Internet domain name.
  • Novell, Inc. v. Yakov Friedman (E.D. Pa., 2000). Represented defendant in suit for copyright and trademark infringement involving software.
  • U.S. Pharmaceutical Corp. v. Excellium Pharmaceutical (N.D. Ga., 2000). Represented defendant in suit for trade dress infringement, trade dress dilution and unfair competition involving configuration of a pharmaceutical product.
  • Windowizards v. Honaker (E.D. Pa., 2000). Represented plaintiff in suit for trademark infringement.
  • Windowizards v. Tapco (E.D. Pa., 2000). Represented plaintiff in suit for trademark infringement.
  • Merz, Inc. v. Genesis Products, Inc. et al. (W.D.N.C., 1999). Represented defendant in suit for patent and copyright infringement involving a product for the treatment of scars.
  • Windowizards, Inc. et al. v. Windowrama Enterprises, Inc. et al. (1998) Superior Court of New Jersey, Mercer County. Represented defendant in suit for trademark infringement and trademark counterfeiting.
  • Basic Fun, Inc. v. Cap Toys, No. 97-2051, 2001 WL 694561 (E.D.Pa., June 6, 2001). Represented plaintiff in suit for patent infringement involving motorized device for dispensing strips of gum.
  • Vanguard Identification Systems, Inc. v. Stik/Strip Laminating Company, Inc., 97-6790, 1999 WL 1095594 (E.D.Pa., November 16, 1999). Represented defendant in suit for patent infringement involving laminated sheet products for identification cards.
  • Atlantic Dairy Cooperative, Inc. v. Zelenkofske, Axelrod & Co., Ltd. (1996) Pennsylvania Court of Common Pleas, Bucks County. Represented plaintiff in suit for breach of contract involving enterprise computer system.
  • Team Equipe USA, Ltd. et al. v. Sun Valley Ski Tools, Inc. et al. (D. Vt., 1995). Represented plaintiff in suit for patent infringement involving ski sharpening guide.
  • Wheeler v. Colgate Palmolive Corp., 42 F.Supp.2d 516 (E.D.Pa., 1999). Represented plaintiff in suit for patent infringement involving dripless pouring spouts.
  • Omogui v. W.B. Saunders Co. (E.D. Pa., 1992). Represented plaintiff in suit for copyright infringement and breach of confidential relationship involving handbook of anesthesia medicines for use in the operating room.
  • Apparel Business Systems v. Reinhard, No. 94-1355, 2001 WL 868281 (E.D. Pa., April 23, 2001). Represented plaintiff in suit for copyright infringement involving enterprise software.
  • Just Born, Inc. v. Farnam Companies, Inc., No. 93-5490, 1993 WL 532941 (E.D. Pa., December 22, 1993). Represented plaintiff in suit for trademark infringement and unfair competition.
  • Sig Swiss Indus. Co. v. Fres Co System USA, No. 91-0699, 1993 WL 232884 (E.D. Pa., June 24, 1993). Represented defendant in suit for patent infringement involving one way degassing valves for food packaging.

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