IP litigator dedicated to protecting and enforcing patents
Michael Piery guides clients through complex intellectual property (IP) and patent litigation issues that help align with and advance their business objectives. He focuses on protecting and enforcing clients' IP and patents. Michael relies on his training as a chemical engineer to form a deep understanding of his clients' technologies. Michael works with diverse clients in a variety of technologies, including:
- Consumer product categories such as plumbing fixtures, software and product packaging
- Industrial products like mechanical devices, medical devices and optical imaging equipment
- Telecommunications, water treatment and genetic testing sectors
Additionally, Michael's background as a patent examiner at the U.S. Patent and Trademark Office (USPTO) plays a hand in his success in acquiring patent rights and optimally preparing clients for issues that may arise.
Experience in Action
- Represents clients in various types of litigation. Michael has litigated numerous cases in federal courts, the U.S. Court of Appeals for the Federal Circuit and the USPTO’s Patent Trial and Appeal Board (PTAB).
- Represents patent owners and petitioners before the USPTO. Michael represents clients in post-grant proceedings before the PTAB and advises clients on the merits and desirability of instituting proceedings before the PTAB simultaneous to pending district court actions.
- Leverages litigation experience that consists of a full range of services, from pre-filing investigations through appeals. Michael routinely aids clients in conducting pre-suit due diligence investigations; developing case strategies and managing discovery; taking and defending depositions; drafting pleadings, motions and pre-trial briefings; arguing evidentiary motions, claim construction and dispositive motions; and drafting appeal briefs.
- Counsels clients in IP acquisition strategies. Michael has knowledge of both the process for acquiring patent rights and issues that may arise in litigation.
- Obtained summary judgment of infringement and no invalidity for plow and truck manufacturer in federal court patent litigation.
- Defeated motion for preliminary injunction brought against a drug disposal product manufacturer in a false advertising case.
- Obtained appellate judgment affirming validity of claims while representing water treatment company in multiple Federal Circuit appeals relating to pump technology.
- Successfully obtained jury verdict of validity and infringement of eight patents while representing telecommunications company in patent litigation against its primary competitor.
- Defended German genetic testing company in federal court jury trial and Federal Circuit appeal.
- Obtained multiple denials of institution for telecommunications patent owner in inter partes review proceedings.
Professional & Civic Activities
- American Intellectual Property Law Association, member
- State Bar of Wisconsin, member
- Eastern District of Wisconsin Bar Association, member
- Milwaukee Young Lawyers Association, member
News & Insights
- Media Mention
- News Release
- Blog - Protecting the Product
- Presentation"Design Patent Case Law Review: Federal Circuit, PTAB, and District Court"American Intellectual Property Law Association (Webinar)
- Media MentionDavid R. Cross, Marta S. Levine, Michael T. Piery, and Johanna M. Wilbert mentioned in article "‘Smart Balance' Not Likely to Create Confusion With, Blur ‘Smart Ones' Brand"
- George Washington University Law School (J.D., 2013)
- American Intellectual Property Law Association Quarterly Journal, staff member
- University of Notre Dame (B.S., 2007)
- Chemical Engineering
- U.S. Court of Appeals, Federal Circuit, 2016
- U.S. District Court, Eastern District of Wisconsin, 2014
- U.S. District Court, Western District of Wisconsin, 2014
- U.S. Patent and Trademark Office, 2013