 
Mr. Berkowitz's practice focuses on all aspects of Intellectual Property law including federal and state litigation, appeals, patent and trademark prosecution, licensing and client counseling. He has extensive experience in litigating matters involving Abbreviated New Drug Applications (ANDA) under the Hatch-Waxman Act for generic pharmaceutical companies. Registered to practice as a patent attorney before the U.S. Patent and Trademark Office, Mr. Berkowitz has represented clients before the U.S. Trademark Trial and Appeal Board and the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences. Mr. Berkowitz chairs the firm’s Professional Recruiting Committee and serves on its Marketing Committee. Mr. Berkowitz is a leader in a number of professional and community organizations. In 2007, he was elected to the Board of Governors of the Philadelphia Bar Association for a three year term. Within the Philadelphia Bar Association, he currently co-chairs the Intellectual Property Committee, serves as laison to the Finance Committee and serves on the Israel Exchange Committee. In addition, he is a co-Director of the Philadelphia Bar Association Charity Run. Also, Mr. Berkowitz is an adjunct faculty member at Temple University School of Dentistry where he teaches orthodontics residents about intellectual property issues relating to their practice. He is the immediate past Chancellor of the Louis D. Brandeis Law Society, a group of Jewish lawyers and judges in the Philadelphia region that promotes opportunities for leadership development, social interaction, education and community service. Before becoming an attorney, Mr. Berkowitz worked for five years as an engineer with the Space Systems Division of the General Electric Company.
Pennsylvania Bar
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. Patent and Trademark Office
Ethidium Health Systems, LLC v. Take Care Health Systems, LLC, No. 06-3061, 2006 WL 3097938 (E.D. Pa., October 27, 2006). Represent 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.
Patent Prosecutions:
U.S. Pat. No. 6,860,276
Issue Date: March 1, 2005
Assignee: Custom Ultrasonics, Inc.
Title: Method for Reprocessing a Device Having Internal Passageways
U.S. Pat. No. 6,793,754
Issue Date: September 21, 2004
Assignee: Advanced Materials Corporation
Covered Roll Having An Under Layer Formed Of Resin Infused Densely Packed Fibers That Provides Increased Strength And Adhesion Properties
U.S. Pat. No. 6,776,744
Issue Date: August 17, 2004
Assignee: Advanced Materials Corporation
Method for and Devices Used in Covering a Roll Core With a Resin Infused Fber Reinforced Adhesive Under Layer And A Polymeric Top Layer, The Method Including The Use Of An Improved Mold Tape
U.S. Pat. No. 6,729,488
Issue Date: May 4, 2004
Assignee: Credit Suisse
Title: Tamper-Indicating Closure With Resilient Locking Projections
U.S. Pat. No. 6,514,369
Issue Date: February 4, 2003
Assignee: GE Investments Inc.
Method For And Devices Used In Covering A Roll Core With A Resin Infused Fiber Reinforced Adhesive Under Layer And A Polymeric Top Layer, The Method Including The Use Of An Improved Mold Tape
U.S. Pat. No. 6,487,484
Issued: November 26, 2002
Assignee: Shober's, Inc.
Shifting Apparatus For An Automatic Transmission That Is Adapted To Provide Installation Flexibility Where Space Is Limited Within A Motor Vehicle
U.S. Pat. No. 6,435,244
Issued: August 20, 2002
Assignee: Advanced Materials Corporation
Apparatus For Covering A Metal Roll Core With A Polymeric Material, Preferably A High Performance Thermoplastic Material
U.S. Pat. No. 6,383,257
Issued: May 7, 2002
Reclamation And Separation Of Perfluorocarbons Using Condensation
U.S. Pat. No. 6,382,466
Issued: May 7, 2002
Assignee: Albion Engineering Company
Device For Dispensing Flowable Materials From A Plurality Of Cartridge Assemblies
U.S. Pat. No. 6,435,244
Issued: August 20, 2002
Assignee: Advanced Materials Corporation
Apparatus For Covering A Metal Roll Core With A Polymeric Material, Preferably A High Performance Thermoplastic Material
U.S. Pat. No. 6,370,914
Issued: April 16, 2002
Assignee: M.A. Bruner & Sons, LLC
Openable Ring With Cooperating Tongue And Groove Members
U.S. Pat. No. 6,322,612
Issued: November 27, 2001
Assignee: Air Products and Chemicals, Inc.
PSA Process For Removal Of Bulk Carbon Dioxide From A Wet High-Temperature
U.S. Pat. No. 6,318,881
Issued: November 20, 2001
Openable Light Bulb Socket Assembly
U.S. Pat. No. 6,315,472
Issued: November 13, 2001
Ergonomic Keyboard Device
U.S. Patent No. 6,284,346
Issued: September 4, 2001
Macrocellular Cushion And Folding Elastomer Truss
U.S. Pat. No. RE37,297
Issued: July 24, 2001
Dynamic Orthopedic Knee Brace Assembly
U.S. Pat. No. 6,257,790
Issued: July 10, 2001
Container For Storing And Displaying A Soap System
U.S. Pat. No. 6,253,138
Issued: June 26, 2001
Assignee: Shober's, Inc.
Shifting Apparatus For An Automatic Transmission Including A Vehicle Security System
U.S. Pat. No. 6,206,994
Issued: March 27, 2001
Assignee: Advanced Materials Corporation
Method And Apparatus For Covering A Metal Roll Core With A Polymeric Material Preferably A High Performance Thermoplastic Material
U.S. Pat. No. 6,148,553
Issued: March 27, 2000
Assignee: International Merchandising Corporation
Advertising Piece Arranged For Attachment To A Portable Dispenser
U.S. Pat. No. 5,968,638
Issued: October 19, 1999
Assignee: Wells Fargo Business Credit, Inc.
Hollow Filament With Crimp For Use In Spiral Binding
U.S. Pat. No. 5,954,305
Issued: September 21, 1999
Assignee: New Summit Manufacturing, L.L.C.
Adaptable Antenna Mounting Platform For Fixed Securement To An Elongated Mast Pole
U.S. Pat. No. 5,921,435
Issued: July 13, 1999
Assignee: International Merchandising Corporation
Portable Backpack Dispenser For Beverage Containers
U.S. Pat. No. 5,911,654
Issued: June 15, 1999
Cover And Cushion Ensemble For Hospital Bed
U.S. Pat. No. RE36,143
Issued: March 16, 1999
Motorized Dispenser For Continuous Strip Food Product And Method Of Dispensing The Product
U.S. Pat. No. 5,860,435
Issued: January 19, 1999
Dental Floss Holder With An Automatic Floss Tensioning Means
U.S. Pat. No. 5,855,510
Issued: January 5, 1999
System For Exhausting Smoke And Controlling Fires Within A Building
U.S. Pat. No. 5,857,989
Issued: January 12, 1999
Dynamic Orthopedic Knee Brace Assembly
U.S. Pat. No. 5,761,069
Issued: June 2, 1998
Assignee: Custom Ultrasonics, Inc.
Integrated System For Cleaning Medical Instruments
U.S. Pat. No. 5,690,566
Issued: November 25, 1997
End Cap For Racket Handle
U.S. Pat. No. 5,674,021
Issued: October 7, 1997
Cover For Holding Transcript And Exhibit Pages And Method Of Making Same
U.S. Pat. No. 5,616,899
Issued: April 1, 1997
Assignee: Recigno Laboratories, Inc.
System For Managing Cases In Dental Laboratory
U.S. Pat. No. 5,592,377
Issued: January 7, 1997
Assignee: Cash Box, Inc.
Check Cashing System
U.S. Pat. No. 5,570,546
Issued: November 5, 1996
Assignee: Summit Manufacturing, LLC
System For Raising And Lowering Communications Equipment
U.S. Pat. No. 5,486,324
Issued: January 23, 1996
Method Of Making Tight Radius Plastic Corner Components For Static Structures
U.S. Pat. No. 5,453,010
Issued: September 26, 1995
Assignee: Premier Dental Products Company
Dental Post With Internal Retention Means
U.S. Pat. No. 5,385,275
Issued: January 31, 1995
Assignee: International Merchandising Corporation
Portable Beverage Dispenser With Anti-Foaming Tank
U.S. Pat. No. 5,362,273
Issued: November 8, 1994
Assignee: Exhaust Track, Inc.
Vehicle Exhaust Distribution System For Buildings
U.S. Pat. No. D343,545
Issued: January 25, 1994
Assignee: International Merchandising Corporation
Portable Beverage Dispenser Tank
Chancellor, Louis D. Brandeis Law Society (2006-2007)
Member, Calendar Committee of The Historical Society of the United States District Court for the Eastern District of Pennsylvania
Member, Philadelphia Bar Association
Member, Philadelphia Intellectual Property Lawyers Association
Basic Patent Law for the Inventive Orthodontist. Orthodontics Magazine, October, 2008
Your client has a license to a patent - but can it bring suite against an infringer? - The Federal Circuit affirms that patent licensees cannot sue for infringement without joining patent owner, The Legal Intelligencer, November, 2000
CAFC Construes Consent Judgment Narrowly: Successor In Interest Cannot Sue, Association of Patent Law Firms Newsletter, February, 2005
Speeches:
Copyright Law Boot Camp, National Business Institute, February 27, 2002
Patent Litigation Class, Temple University Beasley School of Law, 2004 - Present
Named Pennsylvania SuperLawyer by Philadelphia Magazine, 2006, 2007
American Jurisprudence Award in Legal Methods and Moot Court (1991, Widener University School of Law)
Lehigh University: B.S. Industrial Engineering 1984
Widener University School of Law: J.D. 1991 (American Jurisprudence Award in Legal Methods and Moot Court)
Co-Director of the Philadelphia Bar Association Charity Run.
General Electric, Space Systems Division, Productibility and Industrial Engineer 1984 - 1988
Stephen L. Sugarman and Associates, Associate, 1991 - 1992
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MICHAEL J. BERKOWITZ partner
INDUSTRIES SERVED
Architectural & Building Materials
Computers
Consumer Products
Engineering and Construction
Food Products
Medical Products
Metallurgy and Materials
Pharmaceutical
ADMITTED TO PRACTICE
Pennsylvania Bar
U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. Patent and Trademark Office
AWARDS & RECOGNITION
Named Pennsylvania SuperLawyer by Philadelphia Magazine, 2006, 2007
American Jurisprudence Award in Legal Methods and Moot Court
EDUCATIONAL
BACKGROUND
Lehigh University: B.S. Industrial Engineering 1984
Widener University School of Law: J.D. 1991 (American Jurisprudence Award in Legal Methods and Moot Court)
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