Michael Bertelson focuses his practice on patent law, including litigating patent infringement cases, preparing and prosecuting patent applications, rendering clearance and other types of opinions concerning the scope, validity and enforceability of specific patents and patent portfolios, and counseling clients about the acquisition and licensing of patent rights. Mr. Bertelson works with clients in a variety of industries, including medical devices and implants, dialysis technologies, industrial processes and systems, lighting technologies, residential and commercial building products, furniture, pool care, and woodworking tools and accessories. Mr. Bertelson also has substantial experience protecting and enforcing rights in ornamental and distinctive product designs developed by clients in areas such as furniture, flashlights, lighting, automated pool cleaners and home-goods designs.
Mr. Bertelson was recognized in 2012 as a Georgia "Rising Star" in the area of Intellectual Property by SuperLawyers magazine.
Industries
Consumer Products & Retail; Food, Beverage & Agriculture; Health & Life Sciences; Health Care; Manufacturing; Paper & Packaging
Experience
The Coca Cola Co. v. PepsiCo Inc., et al., Represented Pepsi-Cola Co. and PepsiCo in a patent infringement suit brought by Coca-Cola in the Northern District of Georgia involving bag-in-box technology used to store and dispense syrup used to create soft drinks in soda fountains. The court granted Pepsi's Motion for Summary Judgment, finding that the technology was substantially different from what was described in the Coke patent. PepsiCo's use of this technology did not infringe Coke's technology described in the asserted patent, and therefore, did not infringe the patent.
The Coca Cola Co. v. PepsiCo Inc., et al., 500 F. Supp.2d 1364 (N.D. Ga. 2007).
Grandparent adoption, Represents caregivers seeking to adopt children. One of the firm's signature pro bono programs is the Grandparent Adoption Program. Dozens of lawyers have been trained to represent grandparents and other relative caregivers who step up to raise young children in their extended family when the children's parents are unable or unwilling to do so. Working in partnership with local legal aid programs, lawyers accept referrals of eligible families, and prepare and file the required documents to effect the adoption. Hundreds of children's lives have been stabilized as a result of the firm's involvement.
Intellectual property counseling for Smith & Nephew, Provides patent procurement and counseling services to Smith & Nephew, an industry leader in the development of advanced medical devices and implants. The company offers technically innovative products in areas such as orthopedic reconstruction and trauma, endoscopy, advanced wound management and biologics. Provide counsel and advice in all aspects of the company's business, including helping shape its overall patent strategy. As part of this, the firm takes an active role in identifying and protecting innovations, as well as evaluating third-party intellectual property rights. Further, the firm provides counseling in connection with the company's patent licensing and acquisition activities and has represented the company in several patent infringement matters.
Zodiac North America, Inc. v. Ontario Ltd., The firm served as lead counsel on behalf of Zodiac North America, a worldwide manufacturer of pool and recreational products, in an enforcement of their patent rights related to improved hulls for boats.
Zodiac North America, Inc. v. Ontario Limited, No. 08-0157 (W.D. Wash. filed Jan. 31, 2008).
Smith & Nephew Inc. v. Synthes (U.S.A.), Represented Smith & Nephew in a patent infringement suit against Synthes Corp. in the Western District of Tennessee. After a three-week bench trial, the court found Smith & Nephew's patents to be valid and infringed. The court entered a permanent injunction in September 2006 enjoining Synthes from continuing to sell infringing bone repair devices. This is one the first permanent injunctions entered in a patent case after the Supreme Court's eBay opinion. After briefing and argument in the Federal Circuit, the parties reached a confidential settlement of the case.
Smith & Nephew Inc. v. Synthes (U.S.A.), 466 F. Supp.2d 978 (W.D. Tenn. 2006).
Oklahoma Med. Research Found. v. Eli Lilly & Co., Represented Oklahoma Medical Research Foundation (OMRF) in a suit against Eli Lilly in the Western District of Oklahoma. OMRF alleged patent infringement and breach of a license agreement in connection with Eli Lilly's sales of Xigris, the first FDAapproved drug to treat severe sepsis. The suit settled on the eve of trial after more than 60 depositions, production of more than one million pages of documents by Eli Lilly, and a Markman hearing resulting in a claim construction favorable to our client.
Oklahoma Med. Research Found. v. Eli Lilly & Co., No. 01-0456 (W.D. Okla. filed Mar. 15, 2001).
Karl Storz Endoscopy-Am., Inc. v. Stryker Inc., Represented Smith & Nephew Endoscopy-Andover in a patent infringement litigation brought by KarlStorz Endoscopy-America Inc. that included several patents directed to systems for controlling operating room equipment. Case settled.
Karl Storz Endoscopy-Am., Inc. v. Stryker, Inc., No. 07-02702 (W.D. Tenn. filed Nov. 2, 2007).
Zodiac Pool Care Inc. v. Pentair Water Pool and Spa Inc., The firm served as lead counsel on behalf of Zodiac Pool Care Inc., a worldwide manufacturer of pool and recreational products, in a patent infringement litigation against a major competitor, Pentair Water Pool and Spa, Inc. We filed suit asserting that four of Zodiac's patents related to automatic swimming pool cleaners covered several Pentair products. We obtained a favorable confidential settlement for the client early in the case.
Patent litigation for provider of automatic order fulfillment systems, The firm served as lead counsel on behalf of a provider of automatic order fulfillment systems in a patent infringement suit brought by a pharmacy automation company in the Northern District of Georgia. Plaintiff accused our client of infringing a patent related to automated prescription filling systems. Summary judgment was granted in favor of our client and affirmed by the Court of Appeals for the Federal Circuit.
Design patent litigation for leading flashlight manufacturer, Represented a leading manufacturer and distributor of flashlights and lanterns in the U.S. with enforcement services of design patents against an infringing competitor.
Lee Valley Tools Ltd., et al. v. Sears, Roebuck & Co., et al., Successfully represented Lee Valley Tools Ltd. in obtaining a U.S. patent and patent re-issuance for a power tool accessory, and successfully represented Lee Valley Tools Ltd. in a patent infringement suit against a large, multinational industrial equipment manufacturer and its customer, a large retailer, involving this same power tool accessory.
Lee Valley Tools Ltd., et al. v. Sears, Roebuck & Co., et al., No. 06-380 (N.D. Ga. filed Feb. 21, 2006).
Identifying and evaluating third-party patent rights for a retailer of building supplies, Represented one of the largest retailers of building supply and home improvements products in the country with intellectual property services, identifying and evaluating third-party patent rights, and counseling on freedom to operate in particular product fields. Some of the products we evaluate for the client require identification and review of thousands of potentially relevant patents and we have developed innovative strategies for reviewing these large portfolios of potentially relevant patent rights in a manner that is both reliable and cost effective for the client.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
01 March 2010, Revisiting Design Patents - Good Protection at a Reasonable Cost
Source: Patent World, Articles
01 January 2009, Protection of Product Designs
Source: Intellectual Property Desk Reference, Other Publications
11 December 2008, Intellectual Property Innovations Class: Design Patents - Recent Developments, Podcasts
26 September 2008, Federal Circuit Substantially Changes Design Patent Law, Legal Alerts
31 October 2003, Proving Patent Damages After Daubert: It's All Execution
Source: Practising Law Institute: Patents, Copyrights, Trademarks, and Literary Property Course Handbook Series, Articles
News
21 February 2012, Kilpatrick Townsend Once Again Achieves Top Recognition in 2012 Georgia Super Lawyers, News Releases
29 March 2011, Photos of Kilpatrick Townsend Partners Giving Back to the Community at Recent Partners' Retreat, News Releases
24 August 2009, Kilpatrick Stockton Elects New Partners, News Releases
Events
11 December 2008, IP Innovations Class: Design Patents - Recent Developments, Events