Michael A. Erbele

Associate
Minneapolis
3200 IDS Center, 80 South Eighth Street
Minneapolis, MN 55402
D: 612.336.4670
Contact My Assistant
Anne-Marie Larkin
D: 612.336.4752

Education

University of Notre Dame Law School
J.D., cum laude, 2012

Concordia College
B.A. Chemistry and Philosophy, summa cum laude, 2009

Bar and Court Admissions

U.S. District Court for the District of Minnesota, 2013
U.S. Court of Appeals for the Federal Circuit, 2013
Minnesota State Bar, 2012

Professional Affiliations

Federal Circuit Bar Association
Minnesota State Bar Association
The Honorable Jimmie V. Reyna Intellectual Property American Inn of Court
    Founding Member
Omicron Delta Kappa

Awards & Recognition

A. Harold Weber Moot Court Award
Dean's Award: Social, Political, and Legal Thought of Shakespeare

Publications & Speaking

TC Heartland LLC v. Kraft Foods Group Brands LLC: Domestic Corporate Residence for Purposes of Patent Venue, Merchant & Gould white paper, May 2017

Speaker, Perspectives on Federal Trade Secret Law: Impact of the DTSA on Your Company, Merchant & Gould CLE, June 8, 2016

Supreme Court restores old induced patent infringement standard requiring a single direct infringer: the court's decision in Limelight Neworks, Inc. v. Akamai Technologies, Inc., Lexology, June 18, 2014

Supreme Court restores old induced patent infringement standard requiring a single direct infringer: the court's decision in Limelight Neworks, Inc. v. Akamai Technologies, Inc., M&G Edge, June 2014

Pending Cases May Change Patent Landscape, Law Week Colorado, co-authored with Timothy B. Scull, June, 2 2014

Minnesota Settlement Stifles Patent Troll’s Licensing Attempts, Lexology, co-authored with William D. Schultz, September 17, 2013

Bowman v. Monsanto Co.: Patent Exhaustion Does Not Permit Replication of Seeds, M&G Edge, May 2013

Judicial Externship

Judicial Extern to the Honorable Kermit E. Bye, United States Court of Appeals for the Eighth Circuit

Teaching

Adjunct Associate Professor, University of Minnesota Law School
    Instructor of the Intellectual Property Moot Court Class, 2014-2016
    Coach of the Giles Rich Moot Court Team, 2014-2016

Michael focuses on intellectual property litigation and appellate-level disputes, representing clients in federal courts and agencies throughout the United States and in state court in Minnesota. He is involved in all aspects of complex intellectual property cases, from investigation and preparation of the complaint through trial, post-trial, and appeal.

Michael’s practice centers on patent infringement, trademark and trade dress infringement, unfair competition claims, and trade secret misappropriation. He has a technical background in chemistry and has represented clients in a wide variety of fields, including chemical technologies, consumer products, medical devices, pharmaceuticals, and software.

Outside the firm, Michael volunteers for the Minnesota Center for Environmental Advocacy, providing pro bono assistance in administrative law matters. He is a former adjunct professor at the University of Minnesota Law School, where he taught intellectual property appellate advocacy.

While in law school, Michael served as a judicial extern to the Honorable Kermit E. Bye on the United States Court of Appeals for the Eighth Circuit. He received the A. Harold Weber Award for outstanding achievement in the art of oral argument and was a member of the Notre Dame New York Bar Appellate Moot Court Team.

In his spare time, Michael enjoys traveling, playing classical piano, and cheering for the Notre Dame Fighting Irish.

Quoted

Lawyers Weigh In On High Court's Induced Infringement, Law 360, June 2, 2014

Lawyers Weigh In On High Court's Patent Indefiniteness Ruling, Law 360, June 2, 2014

Mentioned

Law360's Weekly Verdict: Legal Lions & Lambs, Law360, Feb. 4, 2016

Fed. Circ. Affirms $14M Rudolph Semiconductor Patent Award, Law360, Feb. 3, 2016

Fed. Circ. Probes Scope Of $14M Infringement Verdict Appeal, Law360, Feb. 1, 2016


MEDIA CENTER

All Media
White Papers
5/23/17
TC Heartland LLC v. Kraft Foods Group Brands LLC
TC Heartland LLC v. Kraft Foods Group Brands LLC: Domestic Corporate Residence for Purposes of Patent Venue In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ____ (2017), the Supreme Court held that a domestic corporation “resides” ...
Events
6/8/16
Perspectives on Federal Trade Secret Law: Impact of the DTSA on Your Company
For the first time ever, Congress passed legislation that federalizes trade secret law – the Defend Trade Secrets Act (“DTSA”). The DTSA, signed into law by President Obama on May 11, 2016, creates a new federal cause of action for the misappropriation ...
Press Releases
2/4/16
Merchant & Gould Successfully Represents Rudolph Technologies Before Trial Court and on Appeal, Gaining Quick Affirmance of $14 Million Patent Infringement Judgment
Merchant & Gould is pleased to have represented Rudolph Technologies, Inc. in recently securing an appellate victory in a patent infringement dispute with Camtek, Ltd. over semiconductor chip inspection technology.On Feb. 1, the U.S. Court of Appeals for ...
Events
10/14/15
Associate Networking Event
Connect. Relax. Eat. Drink.Wednesday, October 14, 2015 4-7 p.m.  The Bachelor Farmer 50 North 2nd Avenue Minneapolis, MN 55401 (map) 
White Papers
6/18/14
Supreme Court Restores Old Induced Patent Infringement Standard Requiring a Single Direct Infringer: The Court’s Decision in Limelight Networks, Inc. v. Akamai Technologies, Inc.
In Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court restored the traditional standard of proof for induced infringement and issued a sharp rebuke to the Federal Circuit, stating that the en banc opinion below “fundamentally ...
Articles
6/18/14
Supreme Court restores old induced patent infringement standard requiring a single direct infringer: the court’s decision in Limelight Networks, Inc. v. Akamai Technologies, Inc.
LexologyMichael A. Erbele Barbara MarchevskyIn Limelight Networks, Inc. v. Akamai Technologies, Inc., the Supreme Court restored the traditional standard of proof for induced infringement and issued a sharp rebuke to the Federal Circuit, stating that ...
White Papers
5/17/13
Bowman v. Monsanto Co.: Patent Exhaustion Does Not Permit Replication of Seeds
In a unanimous decision issued May 13, 2013, the Supreme Court ruled that the doctrine of patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission[1] The central ...