David C. Berry

Of Counsel

Michigan OfficeP (248) 226-2758


David’s practice focuses on patent litigation and intellectual property law in the business sector.  He has represented clients in all phases of IP litigation, including patent jury and bench trials and appeals, pre-trial proceedings, and successfully arguing before the U.S. Court of Appeals for the... see more >

David’s practice focuses on patent litigation and intellectual property law in the business sector.  He has represented clients in all phases of IP litigation, including patent jury and bench trials and appeals, pre-trial proceedings, and successfully arguing before the U.S. Court of Appeals for the Federal Circuit. He has experience in a wide range of technologies and industries, such as separation science, semiconductor fabrication technology, embedded devices, biomechanics, financial services, e-commerce, and consumer products.

With 15 years of experience as a practicing IP attorney and over 12 years of experience as a Professor of Law, David has made his mark in the IP law world. He has had first-chair responsibility in patent jury and bench trials and appeals. He is admitted to practice before the United States Supreme Court, Federal Circuit Court of Appeals, the Sixth Circuit Court of Appeals, and U.S. District Courts in Michigan and Massachusetts. David is also a registered patent attorney, and is authorized to practice before the U.S. Patent Office.

David is an Adjunct Professor at Wayne State University Law School, where he teaches students participating in Wayne Law’s Patent Procurement Clinic, a USPTO-certified patent clinical program approved for student practice. He is Distinguished Professor Emeritus at Western Michigan University (WMU) - Cooley Law School, where he co-founded the WMU Graduate Program in Intellectual Property Law and teaches Patent Law, Patent Litigation, and Licensing of Intellectual Property. He was a tenured Professor of Law and Director of WMU’s Graduate Program in Intellectual Property Law from 2002 to 2014. Over the years, he assisted in developing the school’s curriculum in intellectual property law, as well as special programs in intellectual property law for graduate students and practitioners.

David is a faculty member of the Patent Resources Group (PRG), a leading provider of legal education programs specializing in patent and intellectual property law. He is the principal lecturer for PRG’s Patent Bar Review course, which prepares practitioners from across the country to sit for the U.S. Patent and Trademark Office Registration Exam for Attorneys and Agents and offers a comprehensive review of the law and procedures governing prosecution practice before the U.S. Patent and Trademark Office, including post-grant review proceedings.

Prior to joining Brooks Kushman, David was a partner at large firm in Boston, Massachusetts. His practice focused on representing emerging technology companies and venture capital funds.

David is chair of the State Bar of Michigan, Intellectual Property Law Section . He is a Founding Master of the Michigan Intellectual Property American Inn of Court, part of the Linn Inn Alliance. He chairs the Steering Committee of the Michigan Patent Pro Bono Project, a regional pro bono resource created pursuant to the Leahy-Smith America Invents Act. He also received INTA’s Volunteer Service Award in 2010.

Speaking Engagements

Speaker, Panel on Intellectual Property Issues for Start-Up Companies, Small Business Legal Academy, part of Detroit Entrepreneur Week 2016, Detroit, MI (May 7, 2016)

"Drafting and Prosecution Patent Applications in Light of Alice," presentation to GE Global Research (India) (April 21, 2016)

"Trademark Licensing Update," Intellectual Property Owners, Licensing Committee (Webinar, April 2, 2016)

"Inventorship and Patent Assignment Issues," American Corporate Counsel Association, (Webinar Feb. 18, 2016)

Moderator, “The Changing Face of Trademark Protection: Recent Trends and Future Impacts,” INTA Leadership Meeting Panel, Panama City, Panama (November 19, 2015)

"US Patent Practice and Procedure,” a 5-day intensive course, Bangalore, India (July, 2015)

Moderator, “Celebrating 40 Years: The Judge's Perspective on IP Litigation,” ICLE Intellectual Property Law Summer Institute, Mackinac Island, MI (July 18, 2014)

“Patents and Molecular Diagnostics Technology: Where Are We, And Where Are We Heading?” G2 Intelligence MDx Conference, Baltimore, MD (June 13, 2014)

Moderator, Fourth Annual INTA Trademark Scholarship Symposium, Dallas, TX (May 13, 2013)

"Protecting Computer-Implemented Methods," Oakland University Office of Research Administration, Innovation and Commercialization Seminar Series, Rochester, MI (Mar. 22, 2013)

“A User`s Guide To Intellectual Property,” 43rd American Chemical Society Central Regional Meeting, Dearborn, MI (June 6, 2012)

“Rethinking Willful Patent Infringement,” Washtenaw County Bar Association, Intellectual Property Section, Ann Arbor, MI (May 16, 2012)

Moderator, Third Annual INTA Trademark Scholarship Symposium, Washington DC, (May 14, 2012)

“Current Issues in Copyright Litigation,” presented at Federal Bar Association, Eastern District of Michigan Chapter IP update for federal judicial clerks, at U.S. District Court for the Eastern District of Michigan (Oct. 19, 2011)

Moderator, Second Annual INTA Trademark Scholarship Symposium, San Francisco, CA (May 16, 2011)

Audience/Cast “Talkback” following Riverwalk Theatre`s production of "The Farnsworth Invention," part of Cooley Law School`s “Stages of the Law” Series, Lansing, MI (Oct. 29, 2010)

“Evaluating Willful Patent Infringement After In re Seagate Technology, LLC,” presented at Michigan Intellectual Property Law Association meeting, Auburn Hills, MI (Oct. 5, 2010)

Panelist, “Patent Eligibility, Bilski, and the Future of Business Method Patents," Cooley Law School Student Intellectual Property Law Association program, Auburn Hills, MI (July 14, 2010)

“Avoiding Intellectual Property Pitfalls When Representing Business Clients,” State Bar of Michigan Young Lawyers Section Summit, Traverse City, MI (June 5, 2010)

Moderator, “Trademark Dilution Group,” INTA Trademark Scholarship Symposium, Boston, MA (May 24, 2010)

"Patent Protection for Computer Implemented Methods," Oakland University School of Business Administration, Center for Integrated Business Research and Education - Research Seminar Series, Rochester, MI (Jan. 29, 2010)

Moderator, Fourth Annual INTA Learned Professor Trademark Symposium, “An Interdisciplinary Perspective On Likelihood of Confusion,” New York, NY (Jan. 3, 2008)

Panelist, INTA Adjunct Professor Special Interest Group Program, INTA Leadership Meeting, Orlando, FL (November 8, 2007)

“Managing the Risk of Bankruptcy in Intellectual Property Licenses,” Michigan Intellectual Property Law Association, Troy, MI (January 9, 2007)

"Trolls to Innovators: New Perspectives on Patent Law Reform,” presented at Symposium: Technology, Entrepreneurship & the Law, Meadow Brook Hall, Oakland University, Rochester, MI (March 23, 2006)

“Arbitration of Intellectual Property And Licensing Disputes: Artful Drafting And Savvy Advocacy – A Winning Combination,” Presentation, American Arbitration Association Continuing Legal Educational Program, Southfield, MI (November 7, 2005)

“Searching and Reporting on Patentability,” Practical Patent Prosecution Training for New Lawyers, American Intellectual Property Law Association, Arlington, VA (August 13, 2003) (publication and presentation)


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J.D., University of Michigan Law School, cum laude

Graduate studies, University of Michigan School of Public Health

B.A., Economics, University of Michigan

State Bar of Michigan, Intellectual Property Law Section, Chair

American Arbitration Association

American Bar Association

Federal Circuit Bar Association

Intellectual Property Owner’s (IPO) Association, IP Licensing Committe

International Trademark Association (INTA), Emerging Issues Committee

Licensing Executives Society

Michigan Intellectual Property Inn of Court, Founding Master

Michigan Intellectual Property Law Association

Oakland County Bar Foundation, Fellow

Patent Resources Group, Patent Bar Review program, faculty

Pro Bono Advisory Council, Board of Directors

Wayne State University Law School Patent Procurement Clinic, Adjunct Professor

Western Michigan University – Cooley Law School, Auburn Hills Campus, Distinguished Professor Emeritus

International Trademark Association, Volunteer Service Award for Advancement of Association (2010)

  • Brooks Kushman Attorneys Elected State Bar IP Section Officers
    Monday, July 25, 2016

    Southfield, Mich. –Brooks Kushman attorneys David C. Berry and Hope Shovein have been elected to serve one-year terms as Chair and Chair-Elect, respectively, of the State Bar of Michigan Intellectual Property Law Section. The election took place on Saturday, July 23, 2016 at the section’s annual meeting at the Grand Hotel on...

  • Brooks Kushman Attorneys Guide Inventors and Students at Wayne State’s Patent Procurement Clinic
    Tuesday, January 26, 2016

    Southfield, Mich. - Brooks Kushman attorneys David C. Berry and Michael N. MacCallum recently were appointed adjunct professors at Wayne State University Law School, and will supervise Wayne’s successful Patent Procurement Clinic. As a leader in intellectual property (IP) law, Wayne Law’s Patent Procurement Clinic is part of the U.S. Patent...

  • Brooks Kushman Attorneys Named to INTA Committees
    Tuesday, September 29, 2015

    Southfield, Mich. –Brooks Kushman attorneys Jennifer K. Ziegler, Hope V. Shovein, Laura E. Schwartz, David C. Berry and Anna K. Heinl have been chosen to serve two-year terms on International Trademark Association (INTA) committees. Their committees are: Jennifer Ziegler – UNREAL Campaign Committee (Educational campaign educating teens on the dangers of counterfeits.) Hope...

  • Brooks Kushman’s David Berry Joins Patent Resources Group Educational Staff
    Sunday, February 08, 2015

    SOUTHFIELD, Mich. — Brooks Kushman Of Counsel David C. Berry has joined the Patent Resources Group Patent Bar Review program faculty. He joins attorneys from across the country to help practitioners prepare for the U.S. Patent and Trademark Office (USPTO) Registration Exam for Attorneys and Agents. The Patent Bar Review course, conducted since 1969, is a comprehensive...

  • Brooks Kushman Attorneys Help Lead USPTO Pro Bono Efforts
    Sunday, January 04, 2015

    Southfield, Mich. – Brooks Kushman Shareholder Frank Angileri and Of Counsel David Berry have both joined the U.S. Patent and Trademark Office’s (USPTO) Pro Bono Steering Committee. The committee leads the USPTO’s nationwide effort to establish pro bono programs for financially under-resourced inventors and small businesses. Angileri will serve as a member of the steering committee...

  • Brooks Kushman Continues Growth with Addition of a Patent Litigation Attorney
    Monday, September 22, 2014

    SOUTHFIELD, Mich. – Brooks Kushman is pleased to announce David Berry is the latest addition to the team. Berry brings 15 years of experience as a practicing intellectual property (IP) attorney and over 10 years of experience as a Professor of Law to the firm. Berry`s practice will focus on patent litigation and IP...

      • Brooks Kushman Of Counsel David C. Berry featured in Crain’s Detroit Business
        Tuesday, August 23, 2016

        Southfield, Mich. – Brooks Kushman Of Counsel David C. Berry was featured in Crain’s Detroit Business’ August 21, 2016 article “Pro bono IP work a growing service.” In the article, Berry discusses the increase in intellectual property pro bono services available to low-income inventors and innovators in Michigan. "There's always been pro...

      • Brooks Kushman Of Counsel Discusses IP Pro Bono Resources in Michigan Bar Journal
        Monday, February 15, 2016

        SOUTHFIELD, Mich. – Brooks Kushman Of Counsel David C. Berry was featured in the Michigan Bar Journal’s February article, “New Pro Bono Opportunities for Michigan Intellectual Property Attorneys.”The article discusses a variety of opportunities for Michigan intellectual property attorneys to offer pro bono legal services. There are a number of...


        • Brooks Kushman Attorneys to Present at ICLE Spring Seminar
          Tuesday, February 28, 2017

          SOUTHFIELD, MI – Brooks Kushman  Shareholder Sangeeta Shah and Of Counsel David Berry will present during the Institute of Continuing Legal Education’s (ICLE) Spring Seminar in East Lansing, MI on March 13, 2017. Berry will moderate a discussion about the Defend Trade Secrets Act and noncompete agreements, and Shah will discuss PTAB...

        • Brooks Kushman Attorney to Discuss Patent Protection at Detroit Small Business Legal Academy
          Thursday, May 05, 2016

          DETROIT, Mich. - David C. Berry, Of Counsel at Brooks Kushman, PC in Southfield Michigan, is scheduled to be the moderator and a presenter on a panel discussing patent and intellectual property during the 2016 Small Business Legal Academy (SBLA16) for Detroit’s entrepreneurs and start-up businesses. Brooks Kushman is also...