Michael A. Berta

Michael A. Berta is a patent litigation attorney with a practice focused on defending technology and consumer product companies across a broad range of technologies. His experience encompasses patent and trade secret litigation involving data storage systems and software, networking hardware and software, microprocessor and flash memory architecture, pharmaceuticals, medical devices, and consumer products. He primarily represents defendants, with all seven of his tracked appearances being on the defendant side, often for large operating companies.

Berta is currently a partner at Arnold & Porter Kaye Scholer LLP, where he is based in San Francisco. His career in patent litigation has also included roles at Fish & Richardson, Sidley Austin, and Kirkland & Ellis. He has been recognized as a "BTI Client Service All-Star" and a "Top Intellectual Property Lawyer" by the Daily Journal for his work with high-profile clients.

His notable representations include successfully defending Adobe Inc. in ESIGNATURE SOFTWARE, LLC v. ADOBE INC. at the Federal Circuit, where the district court's finding of patent ineligibility under 35 U.S.C. § 101 was affirmed. He also argued successfully before the Federal Circuit on behalf of Adobe Systems Incorporated in ROSEBUD LMS INC. v. ADOBE SYSTEMS INCORPORATED, affirming a summary judgment of no pre-issuance damages. Additionally, Berta has represented Crocs, Inc. in intellectual property disputes against knockoff products, involving litigation before the ITC and district courts. Other significant cases include acting as lead counsel for Roku, Inc. in Almondnet, Inc. v. Roku, Inc. and for AOL, Inc. in I/P Engine, Inc. v. AOL, Inc. et al..

Information regarding his specific experience in PTAB or IPR proceedings was not reliably sourced in the provided materials. He was admitted to the State Bar of California on March 27, 1998.