241

Michael J. Berchou

Partner
  • Buffalo
  • 716.844.3753
  •   •     •     •  

Michael Berchou has litigated complex intellectual property matters for over 15 years. He has served as lead counsel in multiple patent, trade secret, trademark and copyright cases in district courts across the country. A registered patent attorney and electrical engineer, Michael has represented clients as both plaintiffs and defendants in diverse technology areas including medical devices, vibration sensors/accelerometers, computer storage and network connectivity, live streaming, ballistic fabrics, and artificial turf.

PROFESSIONAL & CIVIC AFFILIATIONS

  • Member, American Bar Association, Intellectual Property Law Section and Litigation Section
  • Member, New York State Bar Association, Intellectual Property Law Section and Trial Lawyers Section
  • Member, Bar Association of Erie County
  • Volunteer, Lawyers for Learning

HONORS & AWARDS

  • Recognized by Chambers USA 2015, 2016 and 2017 in the field of Litigation
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell

REPRESENTATIVE EXPERIENCE

  • Big Vision Pvt. Ltd v. DuPont – Lead counsel for DuPont in this $59 Million trade secret/unfair competition action in the Southern District of New York. After a massive discovery and e-discovery effort, obtained summary judgment for DuPont dismissing all of plaintiff’s claims.
  • Barrday v. Lincoln Fabrics – Lead counsel for the plaintiff, a Canadian manufacturer of ballistic materials, in this patent infringement action currently pending in the Western District of New York.
  • JEC Distributors v. Changer & Dresser – Lead counsel for the plaintiff, a distributor of welding products, tools and automation for the automotive manufacturing sector, in this patent infringement action currently pending in the Western District of New York.
  • Safe Storage vs. ATTO Technology – Lead counsel for defendant ATTO Technology, a global leader in storage and network connectivity and infrastructure solutions, in this patent infringement action in the District of Delaware.
  • Safespan Platform Systems v. EZ Access – Lead counsel plaintiffs in this patent infringement matter in the Western District of New York relating to bridge platforms systems. Successfully conducted a claim construction hearing and prevailed on summary judgment motions for infringement and confirmation of the validity of the patents-in-suit. The matter concluded with a favorable settlement and permanent injunction.
  • Fieldturf v. Sportexe – Lead counsel for the Sportexe companies in various patent and unfair competition actions in Chicago, San Francisco, Cleveland and Seattle, and managed related Canadian patent litigation. Fieldturf is a worldwide leader in artificial turf systems and Sportexe, during the course of the litigation, became the No. 2 turf company in the United States.
  • Sprinturf v. Sportexe – Counsel in this Western District of Pennsylvania patent infringement case, which settled prior to the Court’s ruling on claim construction.
  • Astute Technology vs. Digitell – Lead counsel for Digitell, a live streaming/content capture provider, in a patent infringement action in the Eastern District of Texas, Marshall Division.
  • Tigercat Industries v. Deere & Company – Lead counsel for Tigercat Industries, a manufacturer of logging equipment located outside Toronto, in three separate actions against Deere & Company. These actions related to three Tigercat and Deere patents on tree felling equipment used in logging industry.
  • Keystone Manufacturing v. Jaccard – Lead counsel for Keystone Manufacturing in a trade dress infringement case tried before Judge Skretny in the Western District of New York.
  • CareFusion v. Sigma International – Lead counsel for Sigma International in a patent infringement action related to infusion pumps in the Southern District of California.
  • NameProtect v. BrandProtect – Lead counsel for BrandProtect in a trademark infringement action in Madison Wisconsin with another supplier of trademark and brand monitoring services.
  • Auto Meter v. Make Waves Instruments – Lead counsel for Make Waves Instruments in a trade dress infringement action in the Northern District of Illinois.

PRACTICE AREAS

ADMISSIONS

  • New York
  • U.S. Patent and Trademark Office
  • U.S. District Court, All Districts of New York
  • U.S. District Court, Northern District of Illinois
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Federal Circuit

EDUCATION

  • SUNY Buffalo Law School, J.D., 1993
  • University at Buffalo, M.B.A., with distinction, 1993
  • University at Buffalo, B.S., Electrical Engineering, 1988
241
Michael J. Berchou
Partner
mberchou@hselaw.com
tel: 716.844.3753
fax: 716.853.1617

Michael Berchou has litigated complex intellectual property matters for over 15 years. He has served as lead counsel in multiple patent, trade secret, trademark and copyright cases in district courts across the country. A registered patent attorney and electrical engineer, Michael has represented clients as both plaintiffs and defendants in diverse technology areas including medical devices, vibration sensors/accelerometers, computer storage and network connectivity, live streaming, ballistic fabrics, and artificial turf.

Representative Experience

  • Big Vision Pvt. Ltd v. DuPont – Lead counsel for DuPont in this $59 Million trade secret/unfair competition action in the Southern District of New York. After a massive discovery and e-discovery effort, obtained summary judgment for DuPont dismissing all of plaintiff’s claims.
  • Barrday v. Lincoln Fabrics – Lead counsel for the plaintiff, a Canadian manufacturer of ballistic materials, in this patent infringement action currently pending in the Western District of New York.
  • JEC Distributors v. Changer & Dresser – Lead counsel for the plaintiff, a distributor of welding products, tools and automation for the automotive manufacturing sector, in this patent infringement action currently pending in the Western District of New York.
  • Safe Storage vs. ATTO Technology – Lead counsel for defendant ATTO Technology, a global leader in storage and network connectivity and infrastructure solutions, in this patent infringement action in the District of Delaware.
  • Safespan Platform Systems v. EZ Access – Lead counsel plaintiffs in this patent infringement matter in the Western District of New York relating to bridge platforms systems. Successfully conducted a claim construction hearing and prevailed on summary judgment motions for infringement and confirmation of the validity of the patents-in-suit. The matter concluded with a favorable settlement and permanent injunction.
  • Fieldturf v. Sportexe – Lead counsel for the Sportexe companies in various patent and unfair competition actions in Chicago, San Francisco, Cleveland and Seattle, and managed related Canadian patent litigation. Fieldturf is a worldwide leader in artificial turf systems and Sportexe, during the course of the litigation, became the No. 2 turf company in the United States.
  • Sprinturf v. Sportexe – Counsel in this Western District of Pennsylvania patent infringement case, which settled prior to the Court’s ruling on claim construction.
  • Astute Technology vs. Digitell – Lead counsel for Digitell, a live streaming/content capture provider, in a patent infringement action in the Eastern District of Texas, Marshall Division.
  • Tigercat Industries v. Deere & Company – Lead counsel for Tigercat Industries, a manufacturer of logging equipment located outside Toronto, in three separate actions against Deere & Company. These actions related to three Tigercat and Deere patents on tree felling equipment used in logging industry.
  • Keystone Manufacturing v. Jaccard – Lead counsel for Keystone Manufacturing in a trade dress infringement case tried before Judge Skretny in the Western District of New York.
  • CareFusion v. Sigma International – Lead counsel for Sigma International in a patent infringement action related to infusion pumps in the Southern District of California.
  • NameProtect v. BrandProtect – Lead counsel for BrandProtect in a trademark infringement action in Madison Wisconsin with another supplier of trademark and brand monitoring services.
  • Auto Meter v. Make Waves Instruments – Lead counsel for Make Waves Instruments in a trade dress infringement action in the Northern District of Illinois.

Professional & Civic Affiliations

  • Member, American Bar Association, Intellectual Property Law Section and Litigation Section
  • Member, New York State Bar Association, Intellectual Property Law Section and Trial Lawyers Section
  • Member, Bar Association of Erie County
  • Volunteer, Lawyers for Learning

Honors & Awards

  • Recognized by Chambers USA 2015, 2016 and 2017 in the field of Litigation
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell

Admissions

  • New York
  • U.S. Patent and Trademark Office

Education

  • SUNY Buffalo Law School, J.D., 1993
  • University at Buffalo, M.B.A., with distinction, 1993
  • University at Buffalo, B.S., Electrical Engineering, 1988