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Michael J. Fink is a partner with 30+ years of IP experience. Prior to joining G&B, Michael was a Trial Attorney for the U.S. Department of Justice representing the United States, e.g., the Army, Navy, Air Force, NASA and other Agencies, in IP matters. Today, Michael’s practice primarily focuses on representing client plaintiffs and defendants in district court patent litigation, appeals to the Federal Circuit, proceedings before the Patent Trial and Appeal Board and client counseling on all IP matters. Michael views all projects from both a legal and business perspective, to fully meet his clients’ needs.

Notable

  • Argued numerous appeals to U.S. Court of Appeals for the Federal Circuit.
  • Lead counsel in numerous federal district court patent litigations.
  • Lead counsel in numerous post grant and inter partes review proceedings before the Patent Trial and Appeal Board (PTAB).
  • Lead or backup counsel in numerous Interference proceedings and inter partes reexamination proceedings in the USPTO.
  • Experienced in multi-party litigations and joint defense groups.
  • Conducted numerous patent licensing negotiations.
  • Experienced in IP due diligence for M&A.
  • Client counseling, including infringement and validity analyses, freedom-to-operate (FTO) studies, patent monetization and portfolio development for start-ups.

Experience

  • Patent Attorney / Litigator / Appellate Attorney – Greenblum and Bernstein, P.L.C. – 1988-Present.
  • U.S. Department of Justice, Civil Division, Commercial Litigation Department, Trial Attorney for patent, copyright and trademark litigations – 1984-1988.

Professional Activities

  • Lectures on patent litigation, post grant and inter partes review proceedings, and patent monetization.
  • Speaker at international conferences.

Professional Associations and Memberships

  • American Bar Association.
  • American Intellectual Property Law Association.
  • Federal Circuit Bar Association.
  • Licensing Executives Society.
  • PTAB Bar Association.

Representative Publications

  • Bernstein, B. H., Fink, M., and Pejic, P.B., (2011-2021 Editions).  Getting the Deal Through, Licensing in the United States.
  • Fink, M., (2017). “Update:  IPRs Involving Biotech and Pharmaceutical Patents”, 13 Journal of Generic Medicines 137-143.
  • Fink, M., (2012). “Substantive Federal Circuit decisions concerning pharmaceutical companies.”  9(2) Journal of Generic Medicines 86-94.
  • Stoner, B., Hon., M., Bailey, N., (2009). “Re-examination Proceedings Post-KSR in the Generic Medicine Industry.”  7-1 Journal of Generic Medicines 92-101.
  • Greenblum, N., Fink, M., Roylance, S., Pejic, P.B., Myers- Payne, S.C., Braier, P., (2008).  “Generic Drugs in a Changing Intellectual Property Landscape.”  The Pharmaceutical Regulatory Process, Second Edition, pps. 143-180, Ira R. Berry and Robert P. Martin, eds., Informa Health Care
  • Fink, M., (2007).  “US Legal and Regulatory Update:  Preliminary Injunctions in Pharmaceutical Cases.”  4 Journal of Generic Medicines 213-21.
  • Multiple newsletters.