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Michael D. Marston, Partner

Email:
mmarston@bhlawyers.net

Education:
Michigan State University – B.S. Mechanical Engineering (1997)

Wayne State University Law School – J.D. (2006)

Michael D. Marston is an intellectual property attorney whose practice includes Patent Litigation, Trade Secret Litigation, Trademark Litigation, Patent Prosecution, opinion work, and design around solutions to avoid infringement of existing patents.  He has litigated patent cases in a number of different venues, including the U.S. District Courts for the Northern District of Indiana, Northern District of Illinois and Southern District of New York, as well as the International Trade Commission (ITC) and the United States Patent and Trademark Office (USPTO).

Some of Michael’s intellectual property cases involved:

  • Bringing multiple infringement actions regarding a consumer electronics patent he wrote and obtaining favorable settlements which removed infringing products from the market;
  • Winning at the Court of Appeals for the Federal Circuit to reverse a District Court’s dismissal of a patent infringement action and obtaining a favorable settlement;
  • Bringing an infringement action against a major supplier to the RV industry in order to protect the sales of a $50 million product line and successfully ending infringing sales, and;
  • Defending a start-up company after a former employer sued, in attempts to end the business, and obtaining a favorable settlement.

Michael has extensive experience with obtaining patents in numerous technical areas and has been an inventor himself while designing solutions to avoid patent infringement for his clients.  His background as a practicing engineer for six years at a Robert Bosch GmbH enables him to provide solutions to help his clients avoid infringement by assisting with the design of non-infringing products.  Additionally, he maintains a professional engineering license in the state of Michigan.  He has extensive experience in all aspects of patent prosecution in both United States and international jurisdictions.  He excels at obtaining protection when doing so is difficult due to similar existing products.  He has also obtained patents after winning appeals at the United States Patent and Trademark Office (USPTO) or through the Request for Continued Examination process.  His experience in patent prosecution includes the following areas:
* Automotive
* Consumer electronics
* Waste Water Treatment
* Biotechnology
* Production machinery
* Battery Technology
* Business method patents
* Recreational vehicle sealing systems
* Recreational vehicle mechanical systems
* Hydraulic machinery
* Consumer electronics

Michael has extensive experience in transactional matters related to intellectual property, such as licensing agreements, joint venture agreements, non-disclosure agreements, mergers and acquisitions. In addition to litigating patent and trademark matters, he has litigated federal employment cases and shareholder disputes in state courts.

Bar Admissions:
Indiana
Michigan
United States Patent and Trademark Office

Court Admissions:
Northern District of Indiana
Eastern District of Michigan
Court of Appeals for the Federal Circuit

Representative Patents: