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Berchou_Michael

Michael J. Berchou

Partner

Michael Berchou is an experienced intellectual property litigator and registered patent attorney who serves as outside litigation counsel and strategic IP advisor to technology-driven companies. For more than 25 years, he has represented clients in high stakes patent, trade secret, trademark, and copyright matters involving substantial damages, competitive market position, and the commercial value of core technologies. Clients turn to him to assess IP risk, test the strength of asserted patents, and design coordinated district court–Patent Trial and Appeal Board (PTAB) strategies that align with business objectives, budgets, and risk tolerance.

Michael regularly leads complex litigation matters including district court actions, Inter Partes Reviews (IPRs), Ex Parte Reexamination proceedings, trademark oppositions and cancellations, and appeals to the Federal Circuit, PTAB and Trademark Trial and Appeal Board (TTAB). He is frequently engaged in matters requiring coordinated strategy across multiple forums—whether to pursue decisive enforcement, defeat asserted claims, or create the leverage necessary to resolve disputes on favorable commercial terms. Beyond litigation, Michael counsels companies on patent and trademark strategy, including the development, prosecution, and enforcement of patent and trademark portfolios, as well as licensing and technology agreements.

As a registered patent attorney with an electrical engineering background, Michael is particularly effective at translating technically complex disputes into clear, decision-ready advice for engineers, in house IP teams, and executive leadership alike. His experience spans a wide range of technologies, including data center infrastructure, advanced manufacturing, industrial and automotive systems, network and storage connectivity, advanced materials, and branded consumer products.

Clients value Michael’s pragmatic, business-first approach. He focuses on disciplined case selection, early risk assessment, and leverage creation—helping clients determine when litigation is strategically justified and when alternative resolutions better serve the company’s commercial objectives. When disputes must be litigated, he is prepared to take cases through trial; when early resolution is preferable, he works to achieve outcomes that provide certainty, protect core products, and reinforce competitive positioning.

Michael’s work has been consistently recognized by peers and independent evaluators, including The Best Lawyers in America®, Chambers USA, and Martindale-Hubbell. He is trusted by clients seeking seasoned IP counsel with a combination of litigation strength with sound commercial judgment.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Board Co-Chair, Road Less Traveled Theatre
  • Board Member, Wanakah Country Club
  • Member, Intellectual Property Institute of Canada
  • Member, American Bar Association, Intellectual Property Law and Litigation
  • Member, Bar Association of Erie County

HONORS & AWARDS

  • Selected by his peers for inclusion in The Best Lawyers in America® for:
    • Litigation – Intellectual Property
    • Litigation – Patent
  • Recognized by Chambers USA 2015-2017 in the field of Litigation
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Named to The Daily Record Power 20 in Intellectual Property list, 2021-2023
  • Legal Elite of Western New York, Buffalo Business First/Buffalo Law Journal, 2017 and 2020
  • Selected to the Upstate New York Super Lawyers list, 2026

REPRESENTATIVE EXPERIENCE

Michael regularly serves as outside litigation counsel and strategic IP advisor in high-stakes intellectual property disputes. He has led patent, trade secret, trademark, and copyright matters in federal courts, the PTAB, TTAB, and on appeal to the Federal Circuit—often coordinating parallel proceedings. He also counsels numerous companies on patent strategy, brand strategy, and pre-litigation IP enforcement and defense.

Patent Litigation & PTAB Proceedings

  • Data Center Cooling Technologies
    Represented an innovator in data center cooling systems in multiple IPR proceedings and parallel district court litigation. Achieved institution on all challenged patents at the PTAB.
  • Automotive & Industrial Systems
    Led PTAB proceedings for a patent owner relating to exhaust gas recirculation valve technology. Successfully defended the patentability of key claims before the PTAB, with the Federal Circuit affirming.
  • Advanced Manufacturing / 3-D Printing
    Served as lead counsel in a patent dispute involving post-processing technologies for 3D-printed parts with significant commercial implications.
  • Network & Storage Connectivity
    Defended an innovator in network and storage connectivity solutions in a patent infringement action in the District of Delaware relating to RAID storage system products, involving complex hardware and firmware issues and parallel IPR proceedings.
  • Logging & Heavy Equipment Manufacturing
    Represented an international manufacturer in multiple patent actions against a major industry competitor involving tree-felling equipment. Coordinated strategy across related cases to protect competitive advantage in a highly competitive industrial market.
  • Bridge Platform Systems
    Represented patent owners in a patent infringement action involving bridge platform systems. Prevailed at claim construction and on summary judgment motions for infringement and validity, leading to a favorable settlement and permanent injunction.
  • Ballistic Materials
    Served as trial and appellate counsel for a manufacturer of ballistic materials in a patent infringement action.
  • Artificial Turf Systems
    Represented a growing artificial turf manufacturer in multiple patent and unfair competition actions across several U.S. and Canadian jurisdictions. During the course of the disputes, the client emerged as the No. 2 provider of turf systems in the U.S. market.

Trademark & Trade Dress Litigation

  • Trademark Enforcement
    Serves as trademark counsel for a major headwear and appraisal brand, handling numerous cease and desist letters, takedowns, oppositions and cancellations, and district court litigation.
  • Precedential TTAB Victory
    Led a trademark opposition proceeding against a well-known entertainer. Following trial, the TTAB issued a precedential decision sustaining the opposition, strengthening the client’s brand enforcement position beyond the immediate dispute.
  • Summary Judgment in Brand Collaboration Dispute
    Represented a global apparel company in a trademark infringement action arising from a high-profile brand collaboration. Secured summary judgment dismissing all claims at an early stage.
  • Trade Dress Jury Trial
    Served as lead trial counsel in a trade dress infringement case tried to a jury in federal court, involving a well-known product design.
  • Brand Monitoring & Enforcement Services
    Defended a provider of trademark and brand monitoring services in a trademark infringement action, protecting competitive positioning in a crowded services market.

Trade Secret & Unfair Competition

  • Trade Secret Defense
    Served as lead counsel for a widely known global technology company in a $50+ million trade secret and unfair competition action in the Southern District of New York. After extensive discovery, obtained summary judgment dismissing all claims. The judgment was affirmed on appeal by the Federal Circuit.

Copyright & IP Litigation

  • Advertising Campaign Copyright Dispute
    Represented a Canadian advertising agency in a copyright infringement action in the District of New Jersey brought by a Canadian photographer in connection with a marketing campaign for a widely recognized food brand.

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. Patent and Trademark Office
  • U.S. District Court for all Districts of New York
  • U.S. District Court for the Northern District of Illinois (Member, Trial Bar)
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Second Circuit, Seventh Circuit, and Federal Circuit

EDUCATION

  • University at Buffalo School of Law, J.D.
  • University at Buffalo, M.B.A., with distinction
  • University at Buffalo, B.S., Electrical Engineering

Michael Berchou is an experienced intellectual property litigator and registered patent attorney who serves as outside litigation counsel and strategic IP advisor to technology-driven companies. For more than 25 years, he has represented clients in high stakes patent, trade secret, trademark, and copyright matters involving substantial damages, competitive market position, and the commercial value of core technologies. Clients turn to him to assess IP risk, test the strength of asserted patents, and design coordinated district court–Patent Trial and Appeal Board (PTAB) strategies that align with business objectives, budgets, and risk tolerance.

Michael regularly leads complex litigation matters including district court actions, Inter Partes Reviews (IPRs), Ex Parte Reexamination proceedings, trademark oppositions and cancellations, and appeals to the Federal Circuit, PTAB and Trademark Trial and Appeal Board (TTAB). He is frequently engaged in matters requiring coordinated strategy across multiple forums—whether to pursue decisive enforcement, defeat asserted claims, or create the leverage necessary to resolve disputes on favorable commercial terms. Beyond litigation, Michael counsels companies on patent and trademark strategy, including the development, prosecution, and enforcement of patent and trademark portfolios, as well as licensing and technology agreements.

As a registered patent attorney with an electrical engineering background, Michael is particularly effective at translating technically complex disputes into clear, decision-ready advice for engineers, in house IP teams, and executive leadership alike. His experience spans a wide range of technologies, including data center infrastructure, advanced manufacturing, industrial and automotive systems, network and storage connectivity, advanced materials, and branded consumer products.

Clients value Michael’s pragmatic, business-first approach. He focuses on disciplined case selection, early risk assessment, and leverage creation—helping clients determine when litigation is strategically justified and when alternative resolutions better serve the company’s commercial objectives. When disputes must be litigated, he is prepared to take cases through trial; when early resolution is preferable, he works to achieve outcomes that provide certainty, protect core products, and reinforce competitive positioning.

Michael’s work has been consistently recognized by peers and independent evaluators, including The Best Lawyers in America®, Chambers USA, and Martindale-Hubbell. He is trusted by clients seeking seasoned IP counsel with a combination of litigation strength with sound commercial judgment.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Board Co-Chair, Road Less Traveled Theatre
  • Board Member, Wanakah Country Club
  • Member, Intellectual Property Institute of Canada
  • Member, American Bar Association, Intellectual Property Law and Litigation
  • Member, Bar Association of Erie County

HONORS & AWARDS

  • Selected by his peers for inclusion in The Best Lawyers in America® for:
    • Litigation – Intellectual Property
    • Litigation – Patent
  • Recognized by Chambers USA 2015-2017 in the field of Litigation
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell
  • Named to The Daily Record Power 20 in Intellectual Property list, 2021-2023
  • Legal Elite of Western New York, Buffalo Business First/Buffalo Law Journal, 2017 and 2020
  • Selected to the Upstate New York Super Lawyers list, 2026

REPRESENTATIVE EXPERIENCE

Michael regularly serves as outside litigation counsel and strategic IP advisor in high-stakes intellectual property disputes. He has led patent, trade secret, trademark, and copyright matters in federal courts, the PTAB, TTAB, and on appeal to the Federal Circuit—often coordinating parallel proceedings. He also counsels numerous companies on patent strategy, brand strategy, and pre-litigation IP enforcement and defense.

Patent Litigation & PTAB Proceedings

  • Data Center Cooling Technologies
    Represented an innovator in data center cooling systems in multiple IPR proceedings and parallel district court litigation. Achieved institution on all challenged patents at the PTAB.
  • Automotive & Industrial Systems
    Led PTAB proceedings for a patent owner relating to exhaust gas recirculation valve technology. Successfully defended the patentability of key claims before the PTAB, with the Federal Circuit affirming.
  • Advanced Manufacturing / 3-D Printing
    Served as lead counsel in a patent dispute involving post-processing technologies for 3D-printed parts with significant commercial implications.
  • Network & Storage Connectivity
    Defended an innovator in network and storage connectivity solutions in a patent infringement action in the District of Delaware relating to RAID storage system products, involving complex hardware and firmware issues and parallel IPR proceedings.
  • Logging & Heavy Equipment Manufacturing
    Represented an international manufacturer in multiple patent actions against a major industry competitor involving tree-felling equipment. Coordinated strategy across related cases to protect competitive advantage in a highly competitive industrial market.
  • Bridge Platform Systems
    Represented patent owners in a patent infringement action involving bridge platform systems. Prevailed at claim construction and on summary judgment motions for infringement and validity, leading to a favorable settlement and permanent injunction.
  • Ballistic Materials
    Served as trial and appellate counsel for a manufacturer of ballistic materials in a patent infringement action.
  • Artificial Turf Systems
    Represented a growing artificial turf manufacturer in multiple patent and unfair competition actions across several U.S. and Canadian jurisdictions. During the course of the disputes, the client emerged as the No. 2 provider of turf systems in the U.S. market.

Trademark & Trade Dress Litigation

  • Trademark Enforcement
    Serves as trademark counsel for a major headwear and appraisal brand, handling numerous cease and desist letters, takedowns, oppositions and cancellations, and district court litigation.
  • Precedential TTAB Victory
    Led a trademark opposition proceeding against a well-known entertainer. Following trial, the TTAB issued a precedential decision sustaining the opposition, strengthening the client’s brand enforcement position beyond the immediate dispute.
  • Summary Judgment in Brand Collaboration Dispute
    Represented a global apparel company in a trademark infringement action arising from a high-profile brand collaboration. Secured summary judgment dismissing all claims at an early stage.
  • Trade Dress Jury Trial
    Served as lead trial counsel in a trade dress infringement case tried to a jury in federal court, involving a well-known product design.
  • Brand Monitoring & Enforcement Services
    Defended a provider of trademark and brand monitoring services in a trademark infringement action, protecting competitive positioning in a crowded services market.

Trade Secret & Unfair Competition

  • Trade Secret Defense
    Served as lead counsel for a widely known global technology company in a $50+ million trade secret and unfair competition action in the Southern District of New York. After extensive discovery, obtained summary judgment dismissing all claims. The judgment was affirmed on appeal by the Federal Circuit.

Copyright & IP Litigation

  • Advertising Campaign Copyright Dispute
    Represented a Canadian advertising agency in a copyright infringement action in the District of New Jersey brought by a Canadian photographer in connection with a marketing campaign for a widely recognized food brand.

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. Patent and Trademark Office
  • U.S. District Court for all Districts of New York
  • U.S. District Court for the Northern District of Illinois (Member, Trial Bar)
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. Court of Appeals for the Second Circuit, Seventh Circuit, and Federal Circuit

EDUCATION

  • University at Buffalo School of Law, J.D.
  • University at Buffalo, M.B.A., with distinction
  • University at Buffalo, B.S., Electrical Engineering

Berchou_Michael
Michael J. Berchou