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Finnegan
Anthony J. Berlenbach
Associate
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  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
+1 202 408 4135
anthony.berlenbach@finnegan.com anthony.berlenbach@finnegan.com

Anthony J. Berlenbach

Associate

  • +1 202 408 4135 +1 202 408 4135
  • anthony.berlenbach@finnegan.com anthony.berlenbach@finnegan.com
  • 901 New York Avenue, NW
  • Washington, DC 20001-4413
  • vCard

Anthony Berlenbach focuses on all phases and forums of patent and trade secret litigation as well as licensing and client counseling. He represents clients before U.S. district courts, the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), the U.S. International Trade Commission (ITC), the U.S. Court of Appeals for the Federal Circuit, and arbitration panels.

Anthony works with various technologies, including mechanical and electrical systems, amusement rides, automotive systems, medical devices, gaming and computing technology, consumer goods, welding systems, and pharmaceuticals. He has a technical background in mechanical and biomedical engineering.

 

Over the years in handling patent litigation, Anthony has taken cases from inception through jury trials and beyond, securing favorable results for clients. He has experience in all aspects of trial preparation, including developing infringement and validity analyses; drafting pleadings and discovery motions; taking complex discovery; working with technical and economic experts; drafting claim construction, Daubert, and summary judgment motions; preparing motions in limine and pre- and post-trial briefs; and conducting examinations at trial.

 

At the USPTO, Anthony asserts and defends against patentability challenges before the PTAB, representing both petitioners and patent owners. He helps clients navigate patent rights by providing strategic advice through freedom-to-operate (FTO) analyses, opinions addressing patent validity and infringement, and other intellectual property (IP) issues.

 

Before law school, Anthony worked for a university technology transfer office, managing a portfolio of technologies in various fields, including mechanical and electrical arts, consumer goods, materials, nanotechnology, medical and veterinary devices, clean and renewable energy, and software. Anthony routinely worked with inventors to develop and license technologies. He conducted patentability evaluations, prepared provisional patent applications, and reviewed license agreements and term sheets.

 

Anthony has been recognized on the Capital Pro Bono Honor Roll.

 

Et Cetera

  • Served as staff editor of Maryland Law Review, 2016-2018.
  • Served as president of Maryland Intellectual Property Student Association, 2016-2017.
  • Served as judicial intern at the U.S. District Court for the District of Columbia for the Honorable Amy Berman Jackson, 2017.
  • Served as president of Student Intellectual Property Society at Virginia Tech, 2014-2015.
  • Coauthor. "ITC’s Reaction to PTAB’s Invalidity Findings," Imp-Exp. Magazine, November 1, 2018.

Experience

Jumio Corporation v. FaceTec, Inc.

Representing FaceTec, Inc. in four inter partes reviews (IPRs) relating to groundbreaking 3D liveness detection technology.

IPR2025-00106, -00107, -00108, -00109, PTAB, Judges Khan, Hoang, Baer

Aerin Medical Inc. et al. v. Neurent Medical Inc. et al.

Representing Aerin Medical Inc. and The Foundry, LLC in a patent infringement case involving medical devices for treating nasal airways. Finnegan is also representing patent owners Aerin Medical Inc. and The Foundry, LLC in a series of inter partes review (IPR) challenges to the asserted patents.

1:23-cv-00756, D. Del., Judge Hall
IPR2024-00275, -00276, -00277, -00278, -00279, -00280, -00282, -00669, PTAB

Transcend Shipping Systems, LLC v. FedEx Corp.

After mounting a strong initial defense, including motions to dismiss and transfer, the plaintiff Transcend dismissed the case.

2:22-cv-00110, E.D. Tex., Judges Gilstrap, Payne

Pavemetrics Systems., Inc. v. Tetra Tech, Inc.

Represented Tetra Tech Inc. in a patent infringement suit related to computer vision-based railway track inspection.

2:21-cv-01289-MCS-MAA, C.D. Cal., Judge Scarsi

Cambria Company LLC v. Cosentino SA

Successfully defended against a motion for preliminary injunction that would have excluded the accused synthetic slab products out of the U.S. market. Filed concurrent inter partes reviews (IPRs) and post-grant reviews (PGRs) challenging the asserted patents, leading to a settlement that leaves the U.S. market open to Cosentino’s industry-leading Silestone products.

6:20-cv-00894, -00895, -00896, -00897, W.D. Tex., Judge Albright
6:20-cv-01080, W.D. Tex., Judge Albright
IPR2021-00214, -00215, -00216; PGR2021-00010, -00090, PTAB, Judges Kalan, Ross, Kaiser

ProSlide Technology, Inc. v. WhiteWater West Industries, Ltd.

Secured jury verdict of infringement in favor of plaintiff ProSlide Technology, Inc. in litigation involving design and utility patents related to large water rides. The jury found all patents valid, and awarded monetary damages on the infringed patents, including willful infringement by two products. Post-trial, obtained a permanent injunction excluding competitor’s infringing products from the U.S. market.

6:20-cv-02189, M.D. Fla., Judge Mendoza

Insights

Articles

Assignment of “Continuations” Found Not to Include “Continuations-In-Part”

Assignment of “Continuations” Found Not to Include “Continuations-In-Part” Assignment of “Continuations” Found Not to Include “Continuations-In-Part”

March 5, 2026

LES Insights

Articles

SEP Licensing In Europe: Recent Developments

SEP Licensing In Europe: Recent Developments SEP Licensing In Europe: Recent Developments

March 5, 2026

LES Insights

Articles

Shall We Strive for More Clarity and Remove Shall from Our Contracts?

Shall We Strive for More Clarity and Remove Shall from Our Contracts? Shall We Strive for More Clarity and Remove Shall from Our Contracts?

December 29, 2024

LES Insights

Articles

A Promise Not to Challenge the Validity or Enforceability of a Patent in a Settlement Agreement May Be Unenforceable When the Parties Are Not Settling Actual Litigation

A Promise Not to Challenge the Validity or Enforceability of a Patent in a Settlement Agreement May Be Unenforceable When the Parties Are Not Settling Actual Litigation A Promise Not to Challenge the Validity or Enforceability of a Patent in a Settlement Agreement May Be Unenforceable When the Parties Are Not Settling Actual Litigation

June 6, 2022

LES Insights

Articles

Evidence of Negotiations May Be Admissible When the Evidence Is Not Inconsistent with the Executed Agreement and Is Offered to Rebut Trial Testimony Evidence of Negotiations May Be Admissible When the Evidence Is Not Inconsistent with the Executed Agreement and Is Offered to Rebut Trial Testimony

April 12, 2022

LES Insights

Articles

LESI Global Licensing Report

LESI Global Licensing Report LESI Global Licensing Report

Winter 2022

Licensing Executives Society International
More

News

Award/Ranking

61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll 61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll

May 7, 2026

Award/Ranking

56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll 56 Finnegan Attorneys Recognized on the 2024 Capital Pro Bono Honor Roll

April 24, 2025

DC Bar

Award/Ranking

60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll

60 Finnegan Attorneys Named to 2023 Capital Pro Bono Honor Roll

May 15, 2024

Press Release

Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo Finnegan Secures Jury Verdict for ProSlide Ahead of IAAPA Expo

November 10, 2023

Press Release

55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll 55 Finnegan Attorneys Named to 2020 Capital Pro Bono Honor Roll

April 2, 2021

Professional Activities

  • Order of the Coif
Admissions and Education

Admissions

  • U.S. Patent and Trademark Office
  • District of Columbia

Education

University of Maryland School of Law
J.D., magna cum laude, 2018
Virginia Polytechnic Institute & State University
B.S., Mechanical Engineering, 2015

Anthony's Practices

AI + Finnegan
AI + Patent
AI + Trade Secrets
Global IP Enforcement, Litigation, and Trials
Arbitration and Other ADR
Federal Circuit and Supreme Court Appeals
ITC Section 337 Investigations and Trials
Patent Litigation and Trials
Trade Secrets
Patent Office Invalidation Proceedings
PTAB Invalidation Proceedings: IPR and PGR
Prosecution and Portfolio Management
Freedom to Operate Opinions
Licensing, Pooling, and Other Transactions
Opinions and Counseling

Anthony's Industries

AI, Electronics, and Information Technology
Artificial Intelligence (AI) and Machine Learning (ML)
Electronic Devices and Components
Nanotechnology
Robotics
Chemicals, Industrials, and Materials
Additive Manufacturing
Manufacturing
Textiles
Communications
Internet of Things (IoT)
Energy
Clean Energy and Renewables
Oil and Gas
Hospitality, Gaming, and Leisure
Gaming
Sports, Fitness, and Outdoor Recreation
Life Sciences
Medical Device and Diagnostics
Pharmaceutical
Transportation and Logistics
Aerospace, Aviation, and Unmanned Aerial Systems (UAS)
Automotive and Smart Mobility Tech

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