Michael Berta focuses his practice on intellectual property litigation, with experience in both patent and trade secret litigation across a wide range of technologies, including data storage systems and software, networking hardware and software, microprocessor and flash memory architecture, pharmaceuticals, medical devices, and consumer products. He has tried cases before judges and juries in federal court and before the International Trade Commission.
Experience
- Hardware, software and web-based services companies, including Adobe, Google, and Hewlett-Packard, in patent litigation in multiple jurisdictions, including the Eastern District of Texas and Delaware.
- Various pharmaceutical companies in ANDA patent litigation in United States District Courts of Delaware and New Jersey, both at trial and in preliminary injunction proceedings.
- Various pharmaceutical and life sciences companies, including Medicis Pharmaceutical, Affymetrix, Ventana Medical Systems, Arcturus Engineering Neopharm, VISX (now AMO), and Cell Therapeutics, in patent, trade secret, and drug development litigation involving technologies such as transdermal delivery systems, DNA/RNA microarrays, DNA probes, laser capture microdissection, and oncological pharmaceuticals.
- Companies in the semiconductor industry, including Renesas, Sun Microsystems, SMIC, SanDisk, Numerical Technologies, and Nanya Technology, in patent and trade secret litigation involving semiconductor manufacturing technology, DRAM architecture, flash controller technology, and server architecture.
- Crocs in district court, before the ITC and with Customs, in design and utility patent matters against import shoe manufacturers.
- RealNetworks in DMCA/antitrust action involving DVD technology.
- Global VR in copyright and trade dress action over coin-operated video golf.
- Other clients have included MachineZone, Logicube, LeapFrog Enterprises, Fortinet, Digital Oilfield, Platinum Equity, the California Lottery, the McClatchy Company, UTStarcom, and NetSuite.
Recognition
Daily Journal
"Top Intellectual Property Lawyer" (2017, 2021, 2022)
IAM Patent 1000
Litigation (California) (2015–2023)
The Legal 500 US
Patent Litigation: Full Coverage (2013–2014, 2017, 2019–2022)
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Credentials
Education
- J.D., Georgetown University Law Center, 1997, cum laude
- B.A., Economics, University of California, San Diego, 1993
Admissions
- California
- District of Columbia
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Central District of California
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. International Trade Commission