icon on “I defend and obtain IP rights in all phases of court and patent office proceedings through trial and appeal.”
Mr. Hulliberger has represented patent holders and accused infringers in highly complex patent matters on technology that was critical to their business. He also counsels clients in patent and trademark preparation and prosecution matters in the chemical, computer, and mechanical technologies, and counsels clients in post-grant review strategies. Mr. Hulliberger regularly counsels clients on issues related to records management and retention, electronic communications, AI legal issues, and electronic discovery. He seeks to utilize technology to facilitate litigation matters and provide additional benefits to clients.
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Intellectual Property
When ideas translate into products, processes, art, or authorship, we help clients protect their innovations and commercialize their work.
Credentials
Education
- Wayne State University Law School, 2003
- J.D.
- Michigan State University, 1999
- B.S., Chemical Engineering
Memberships
- Oakland County Bar Association
- Michigan IP Inn of Court
- American Intellectual Property Law Association
- Michigan Intellectual Property Law Association
- Federal Circuit Court Bench & Bar Association
Admissions
- Michigan, 2004
- U.S. Court of Appeals, Federal Circuit, 2013
- U.S. District Court, Eastern District of Michigan, 2004
- U.S. District Court, Western District of Michigan, 2004
- U.S. Patent and Trademark Office, 2003
Professional Achievements
- The Best Lawyers in America©, 2016-2024
- Troy, Trademark Law, "Lawyer of the Year," 2022
- Troy, Litigation-Patent, "Lawyer of the Year," 2019
- Troy, Litigation-Intellectual Property, "Lawyer of the Year," 2017
- dbusiness, "Top Lawyers," 2011; 2014; 2017-2020
- Michigan Super Lawyers, "Rising Stars," 2010-2017
Experience
Representative Matters
- Represented an industry leader for overrunning alternator decouplers on their patented technology, which was the core of the their business and represents hundreds of millions of dollars in revenue each year. As their patent was coming to the end of its enforceable life, competitors were anxious to get into the industry and entered the market while the patent was still enforceable. We quickly filed suit and resolved the matter to protect the client's position within the industry.
- Represented a group of doctors that were helping patients overcome their opioid addictions by performing an elaborate and specific treatment method that would eliminate withdrawal symptoms in one day or less. Our clients were sued for patent infringement, facing allegations of direct infringement, contributory infringement, and inducing infringement. We successfully argued to the district court that the case should be dismissed for failure to state a claim under Iqbal and Twombly because the patent was limited to a narrow treatment method. The patentee appealed. In a 2-1 opinion, the CAFC affirmed the dismissal in our clients' favor.
- Successfully invalidated a patent, issued in 2003, involving technology using GPS systems to plant research crops for their client, which was a family owned business in Kansas. The patentee was a large company and industry leader from Iowa. We uncovered prior art from 1997 evidencing a public use of a prior system that existed more than a year before the patents. The evidence included pictures of the prior system, videos of the prior system planting in the field, a copy of the software that was run on the system, a company newsletter describing the system, a trade show presentation about the system, and declarations (including from individuals in Australia) from the people that operated the system and were shown in the video and pictures. The court agreed and invalidated the entire patent.
- Represented an automotive supplier for critical adhesive technology used to attach hardware to automotive windows involving multiple patent infringement and trade secret lawsuits. All of the matters were settled in favor of our clients.
Presentations
- Wayne State University, STEM Day, "STEM in the Legal Profession," March 10, 2020, Detroit, MI.
- United States District Court for the Eastern District of Michigan, "Evidence Hierarchy & Judicial Role in Construing Claims," 2017, Detroit, MI.
- Howard & Howard Attorneys PLLC, "Effective and Visual Presentation Workshop," 2017, Royal Oak, MI.
- American Society of Trial Consultants, "Voir Dire: Effective and Infective Techniques," June, 2011, Seattle, WA.
- RenewData, "Big Data Investigations and Litigation for 2015 and Beyond," December 9, 2014, webinar.
- RenewData, "An Alternative to Predictive Coding: Results Without the Risk,"April 8-9, 2014, Las Vegas, NV; Los Angeles, CA.
- Prism Litigation Technology, "A New Solution to Incoming Productions," February 12, 2014, webinar.
- Michigan State University, "Chemical Engineering as a Profession: Patent Law," 2002; 2005; 2010, East Lansing, MI.
Community
Community“I support the Oakland County Bar Association and Team Joseph.”
I organize and coordinate outings for elementary school students to introduce them to our judicial system through the Oakland County Bar Association's Mock Trial Program. The students learn about evidence, legal standards, and experience what it is like being a lawyer.
I support Team Joseph, which is on a mission to aggressively fund cutting edge research to find a treatment or cure for Duchenne muscular dystrophy. Team Joseph focuses on rapidly moving basic research into applications that can make a difference for the current generation of boys afflicted with this devastating disease as well as for generations to come.
