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Michael D. Turner

Mechanical, Electromechanical & Design Patent Prosecution, Opinions, & Post-Grant Proceedings

Michigan

(248) 226-2825

  • Overview
  • Representative Matters
  • Background
  • Featured Content
  • Insights
“A patent should be more than a government grant. Let’s protect your technology with patents that withstand the scrutiny of competitor challenges.”

Industries

  • Advanced Materials
  • Athletic Products
  • Automotive
  • Construction
  • Consumer Products
  • Food & Beverage
  • Home and Bath Hardware
  • Home Tools
  • Industrial Manufacturing
  • Life Science & Medical Devices
Michael Turner is a dynamic patent attorney with wide-ranging legal expertise in patent law and works closely with clients to ensure that patent portfolios align with international protection and enforcement strategies. Michael Turner’s passion for learning led him to a career in patent law. He applies that drive to every project and obtains patents that are relied upon to protect technology, which has resulted in significant licensing and enforcement. Many of these patents have withstood the scrutiny of challenges at various US district courts, the US Court of Appeals for the Federal Circuit, and the Patent Trial & Appeal Board of the US Patent & Trademark Office. Michael has the experience and foresight to obtain intellectual property rights to withstand such challenges. Due to Michael’s experience with obtaining patents for enforcement, he is also sought for prosecution of patent applications with an eye towards litigation. Likewise, Michael also has significant experience with prosecution of patents during reexamination and reissue prosecution. A primary focus of Michael Turner's practice is domestic and foreign patent prosecution for mechanical matters, electromechanical matters, systems, methods, and designs. His industry background in robotics and automation provides him with experience in various technologies and manufacturing processes. Michael counsels clients on procedures for filing domestic patent applications that meet the varying requirements for both domestic and international protection and enforcement, particularly addressing the various international nuances associated with design patents. This counseling includes generating procedures for efficient collection of invention and design disclosures to streamline internal processes. Michael’s experience includes preparing, prosecuting, and managing international patent and industrial design portfolios. This experience includes developing strategies for obtaining strong patent protection in many countries. Due to his experience and understanding of the laws and procedures of many commercially significant countries, Michael efficiently seeks broad and consistent international protection. Michael is actively involved in post-grant proceedings before the U.S. Patent and Trademark Office. He represents clients in Inter Partes Review proceedings, reexaminations, and reissue patent applications. Such involvement includes coordinating strategies across post-grant proceedings, co-pending litigation, product engineering, licensing, and patent prosecution. Michael is active in appellate practice and oral advocacy before the Patent Trial and Appeal Board of the US Patent & Trademark Office. One of Michael’s strengths involves analyzing complex legal and technical issues for client counseling to mitigate risks associated with commercialization of technology. This ability enables him to assist clients to bring a product to market by guiding their design through the patent portfolios of competitors. This also enables him to protect the core technologies of a client. He is often assigned to protect such technologies where licensing and/or enforcement are necessary; and the strongest protection is required. Consequently, Michael cooperates with litigation counsel (domestic and international), coordinating efforts between the protection and enforcement of technologies. He also negotiates licenses, to reach agreements between parties to avoid litigation. Michael likes to lead by example in his practice and within Brooks Kushman. He is a co-chair of the Patent Prosecution department. He is also on the Brooks Kushman Diversity, Equity, and Inclusion committee. Michael participates in recruiting and training, as well as chairing monthly and quarterly internal legal education seminars. Michael also has a passion for educating. As a leader of the Patent Prosecution department, he is active with the coordination of the ever-changing laws, procedures, strategies, and technologies. Michael is one of the teachers of the Brooks Kushman claims drafting training class. Michael participates in the Brooks Kushman mentor program. Michael is a former Co-Chair of the mentor program of the Diversity, Equity, and Inclusion committee, wherein he helped draft the mentor guidelines. He typically mentors the development of new hires, including lawyers, patent agents, clerks, and patent engineers. Michael helps the firm stay current on developments in the law and the practice by coordinating internal legal education seminars. Michael feels this experience helps build the firm, helps build strong teams for clients, and helps him explain complex matters to clients, patent examiners, and others. In his spare time, Michael loves to do outdoor activities with his family and dogs. Michael also enjoys obtaining patents for inventors with the Michigan Pro Bono Patent Project of the Intellectual Property Law Section of the State Bar of Michigan.

Representative Patents

Prepared and prosecuted US Patent 10,413,472 B2, for a Portable Body Massager, which was enforced in FKA Distributing Co., LLC d/b/a HoMedics, v. Merchsource, LLC (C.D. California), and FKA Distributing Co., LLC d/b/a HoMedics, v. Camelot Venture Group, LLC (E.D. Michigan).

Prepared and prosecuted US Patent No. 10,280,666 B2, for a Shower Door Guide Assembly, which was enforced in Liberty Hardware Mfg. Corp. v. Contractors Wardrobe, Inc., (C.D. California).

Prepared and prosecuted US Patent No. 10,024,093 B2, for a Shower Door Guide Assembly, which was enforced in Liberty Hardware Mfg. Corp. v. Contractors Wardrobe, Inc., (C.D. California).

Prepared and prosecuted US Patent No. 9,743,810 B2, for a Shower Door Guide Assembly, which was enforced in Liberty Hardware Mfg. Corp. v. Contractors Wardrobe, Inc., (C.D. California).

Prepared and prosecuted US Patent No. 9,676,543 B2, for a Shower Door Glass Pane Packaging Assembly, which was enforced in Liberty Hardware Mfg. Corp. v. Contractors Wardrobe, Inc., (C.D. California).

Prepared and prosecuted US Patent No. 8,434,818 B2, for a Vehicle Seat Having Active Head Restraint, which was enforced in Lear Corporation v. NHK Seating of America, Inc., (E.D. Michigan), and was challenged in Inter Partes Review IPR2014-00925 (Patent Trial and Appeal Board of the United States Patent & Trademark Office), wherein patentability was confirmed and then affirmed on appeal (Court of Appeals, Federal Circuit).

Prepared and prosecuted US Patent 7,722,553 B2, for a Massage Apparatus, which was enforced in FKA Distributing Co., LLC d/b/a HoMedics, v. Merchsource, LLC (C.D. California), FKA Distributing Co., LLC d/b/a HoMedics, v. Trucore Distributors, Inc. (E.D. New York), FKA Distributing Co., LLC d/b/a HoMedics, v. Camelot Venture Group, LLC (E.D. Michigan), FKA Distributing Co., LLC d/b/a HoMedics, v. Joicom Corporation d/b/a Renpho, Renpho USA, Inc., and Panatrade LLC (C.D. California), and FKA Distributing Co., LLC d/b/a HoMedics, v. Zyllion Inc. (C.D. California).

Prosecuted reexaminations of US Patent 7,644,987 B2, for a Vehicle Seat Having Active Head Restraint System, which was enforced in Lear Corporation v. TS Tech USA Corporation, et al. (S.D. Ohio).

Prepared and prosecuted US Patent No. 7,455,357 B2, for an Active Head Restraint System For A Vehicle Seat, which was enforced in Lear Corporation v. NHK Seating of America, Inc., (E.D. Michigan), and was challenged in Inter Partes Review IPR2014-00957 (Patent Trial and Appeal Board of the United States Patent & Trademark Office), wherein patentability was confirmed.

Prepared and prosecuted US Patent No. 7,128,721 B2, for a Portable Body Massager, which was challenged in Wisefame International, Ltd., and IFM International, Inc., v. FKA Distributing Co., LLC d/b/a HoMedics-USA, Inc. (E.D. Michigan).

Prepared and prosecuted US Patent No. 6,796,921 B1, for a Three Speed Rotary Power Tool, which was challenged in William Buck et al. v. Rodney Milbourne et al., Patent Interference 105,570 (Board of Patent Appeals and Interferences of the United States Patent & Trademark Office).

Prosecuted US Patent 6,733,466 B2, for a Percussive Massager, which was enforced in HoMedics, Inc., v. Brookstone (E.D. Michigan).

Prosecuted reexaminations of US Patent 5,378,043, for a Vehicle Pivotal Headrest, which was enforced in Lear Corporation v. TS Tech USA Corporation, et al. (S.D. Ohio) and Lear Corporation v. NHK Seating of America Inc. (E.D. Michigan), and challenged in Inter Partes Review IPR2014-01202 (Patent Trial and Appeal Board of the United States Patent & Trademark Office), wherein patentability was confirmed and then affirmed on appeal (Court of Appeals, Federal Circuit).

Education

J.D., Wayne State University Law School

B.S., Mechanical Engineering, Management Minor, GMI Engineering and Management Institute (now Kettering University), Gamma Sigma Alpha National Honor Society

Organizations & Affiliations

State Bar of Michigan

Federal Bar Association

Intellectual Property Owners (IPO) Association – Industrial Design Committee

Michigan Intellectual Property Law Association

Michigan Pro Bono Patent Project of the Intellectual Property Law Section of the State Bar of Michigan

Recognitions

“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2010

“Leader in the Law”, Michigan Lawyers Weekly, 2022

Industries

  • Advanced Materials
  • Athletic Products
  • Automotive
  • Construction
  • Consumer Products
  • Food & Beverage
  • Home and Bath Hardware
  • Home Tools
  • Industrial Manufacturing
  • Life Science & Medical Devices

Presentations

Host Panel, “Part 3 – Midwest Region Design: Highlight on Vehicles,” Design Patents: The Secret Weapon Webinar Series, Polsinelli, June 2021

Speaker, “Automotive Industrial Designs: The Intersection of Patents and Trademarks,” Tennessee Intellectual Property Law Association (TIPLA) Fall Symposium, November 2019

Publications

Co-Author, “Practical Considerations For ‘Article Of Manufacture’ In Design Patent Law After Curver Luxembourg, SARL V. Home Expressions Inc.,” September 2019

Author, “What We’ve Learned from the 1st Year of 1st-To-File,” March 2014

Co-Author, “Ways to Minimize the Risk of Post-Grant Challenges,” January 2014

Co-Author, “Kappos Introduces Several Initiatives during First Months,” National Law Journal, January 2010

Author, “Senior Thesis, Kettering University, pass with distinction,” June 2000

Insights

Client Alerts

Redrawing the Obviousness Standard: Graham Factors Overrule Rosen-Durling for Design Patents

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Blog

Design Patent Obviousness: Federal Circuit Rehearing and Examiner AI-Assisted Searching

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Presentations

Brooks Kushman Shareholder Michael Turner to Speak at MIPLA Gathering

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Press Releases

Brooks Kushman Announces Michael Turner Elected to Serve as Co-Chair of Prosecution

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Press Releases

Brooks Kushman Shareholder Michael Turner Named To The 2021 Class Of “Leaders In The Law” By Michigan Lawyers Weekly

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Presentations

Brooks Kushman Shareholder Michael Turner on Host Panel for Design Patents Webinar Series

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Media Coverage

Brooks Kushman Shareholders Michael Turner and Tiffany Fidler, Ph.D. Published in Today’s General Counsel

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Presentations

Brooks Kushman Shareholder Michael Turner to Speak at the Fall TIPLA Seminar

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Publications

Practical Considerations for “Article of Manufacture” in Design Patent Law After Curver Luxembourg, SARL v. Home Expressions Inc.

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Publications

Brooks Kushman Shareholder reviews first year of First-Inventor-to-File Patent System in Law360

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Media Coverage

Brooks Kushman Attorneys Discuss Ways to Minimize the Risk of Post-Grant Challenges in Law360 Article

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Media Coverage

United States Patent and Trademark Office Director Ushers In Change

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Publications

Design and Assembly of a Flexible Cylinder Head Assembly Cell for Comparison to the Conventional Assembly Line

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