Overview

Michael Eisenberg is an attorney in Holland & Knight's New York office. His practice focuses on all types of intellectual property (IP) litigation. He has particular experience in patent, copyright and trade secret matters where technical issues rise to the forefront. Of those areas, Mr. Eisenberg focuses most of his time on patent litigation involving semiconductor devices, computer software and telecommunications. Mr. Eisenberg has served, and continues to serve, as lead counsel on numerous litigations in district courts nationwide on behalf of patent owners and defendants.

In addition to his district court experience, Mr. Eisenberg has also gained substantial experience as lead counsel on many post-grant U.S. Patent and Trademark Office proceedings. That experience has included matters on behalf of patent owners and defendants. Indeed, his record of success in those proceedings has included final decisions on behalf of petitioners as well as institution denials on behalf of patent owners.

In addition to his legal practice, Mr. Eisenberg served as a clerk to the Honorable Timothy Dyk of the U.S. Court of Appeals for the Federal Circuit.

Representative Matters

  • Document Security Systems, Inc. v. Seoul Semiconductor Co., Ltd. No. 18:19-cv-01792 (C.D. Cal.), successfully obtained invalidation decisions of all claims in the asserted patents at the Patent Trial and Appeal Board (PTAB) after obtaining a stay of the district court litigation
  • Spigen Korea Co. Ltd v. Ispeaker Ltd., No. 2:16-cv-08559 (C.D. Cal.), obtained summary judgment of invalidity and successfully defended that decision on appeal to the Federal Circuit
  • Seoul Semiconductor Co., Ltd. et al. v. Fry's Electronics, Inc., 2:18-cv-00386 (E.D. Tex.), successfully litigated until the parties reached a settlement
  • Enplas Corp. v. Seoul Semiconductor Co., Ltd., No. 2016-1282 (Fed. Cir. Aug. 9, 2016): Successfully obtained appellate decision in favor of Seoul Semiconductor Co. affirming final judgment of invalidity in patent claim case
  • Seoul Semiconductor v. Enplas Corp. IPR2014-00605 (P.T.A.B. Sept. 11, 2015): Successfully obtained finding in favor of Seoul Semiconductor Co. that instituted patent claims were invalid
  • Seoul Semiconductor v. Enplas Corp. IPR2014-00878 (P.T.A.B. Oct. 15, 2015): Successfully obtained finding in favor of Seoul Semiconductor Co. that instituted patent claims were invalid
  • Seoul Semiconductor v. Enplas Corp. IPR2014-00879 (P.T.A.B. Oct. 15, 2015): Successfully obtained finding in favor of Seoul Semiconductor Co. that instituted patent claims were invalid
  • Seoul Viosys Co. Ltd. v. Salon Supply Store LLC, No. 16-80431 (S.D. Fla. June 17, 2016): Successfully obtained consent judgment in favor of Seoul Viosys Co. for validity and patent infringement

Credentials

Education
  • The George Washington University Law School, J.D., with highest honors
  • Florida State University, M.S., Physics
  • Washington University in St. Louis, B.A., Physics
Bar Admissions/Licenses
  • District of Columbia
  • New York
Court Admissions
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
  • U.S. District Court for the Western District of Wisconsin
  • U.S. Patent and Trademark Office
Honors & Awards
  • Order of the Coif, 2001

Speaking Engagements

News