Overview

With a background in biochemistry, Michael P. Ellenberger focuses his practice on patent prosecution, licensing, counseling, and due diligence investigations for life sciences clients. He also plays an integral role in patent litigations, particularly in complex patent infringement matters involving drug products, including Hatch-Waxman (ANDA) litigations. His litigation experience includes developing pre-litigation strategies, drafting infringement and invalidity contentions, managing fact and expert discovery, preparing and opposing dispositive motions, and supporting trial preparation. This hands-on litigation experience enhances his patent prosecution and counseling work by providing a deep understanding of how potential challenges to patents might arise. His clients have included companies in medical devices, small molecule and large molecule therapeutics, gene editing, and antibody therapies.  

In his prosecution work, Michael handles everything from the initial strategy and family structure discussions, to drafting priority applications and prosecuting U.S. and global applications. He also handles post-grant proceedings in front of the U.S. Patent and Trademark Office. Michael has substantive experience in navigating complex IP licensing, including advising on the creation, negotiation, and enforcement of licensing agreements, and evaluating agreements in corporate transactions. In his diligence and counseling work, he evaluates a patent portfolio to ensure that clients understand the full scope and value of their intellectual property assets. He conducts exacting investigations to identify potential risks and opportunities for a patent holder or potential deal partner, including evaluating the strength and validity of patents, analyzing competitive landscapes, and assessing freedom-to-operate issues.

Michael’s litigation background complements his strategic counseling, allowing him to anticipate litigation risks and craft patent portfolios and licensing strategies with enforcement and defense considerations in mind. His experience in Hatch-Waxman litigation provides clients with critical insight into regulatory pathways, patent linkage, and exclusivity issues that are pivotal in pharmaceutical patent disputes.

As a practitioner, Michael has a deep affinity for the integration of science and writing the discipline of patent law demands, as well as a love of innovation and cutting-edge technologies. He has a powerful sense of inquisitiveness and a compelling desire to research, investigate and understand. By digging deeply and thinking carefully about a topic, Michael can develop innovative strategies or uncover opportunities that may not otherwise be reached.

Before starting his legal practice, Michael received a B.A. in Chemistry-Biochemistry from Washington University in St. Louis and conducted medicinal chemistry research at the National Institute on Drug Abuse within the National Institutes of Health, in the lab of Dr. Amy H. Newman.

Newsroom

Speaking Engagements

Publications

"Development of novel tools for dissection of central versus peripheral dopamine D2-like receptor signaling in dysglycemia," Diabetes, db240175, 2024 (coauthor).

"1299-P: Novel Tools to Dissect the Metabolic Roles of Central and Peripheral Dopamine D2-Like Receptors." Diabetes 71.Supplement_1, 2022 (coauthor).

"The Waiting is the Hardest Part: Does Longer Patent Pendency Mean More Valuable Patents?" 16 Nw. J. Tech. & Intell. Prop. 189, 2019.

"Dopamine D4 Receptor-Selective Compounds Reveal Structure-Activity Relationships that Engender Agonist-Efficacy," Journal of Medicinal Chemistry, 62(7):3733-374, 2019 (coauthor).

"Novel-Bivalent Ligands Based on the Sumanirole Pharmacophore Reveal Dopamine D2- Receptor D2-Biased Agonist," Journal of Medicinal Chemistry, 60(7):2890-2907, 2017 (coauthor).

"Synthesis and Pharmacological Characterization of Novel trans-Cyclopropylmethyl-Linked Bivalent Ligands That Exhibit Selectivity and Allosteric Pharmacology at the Dopamine D3 Receptor (D3R)," Journal of Medicinal Chemistry, 60(4):1478-1494, 2017 (coauthor).

"Toward Understanding the Structural Basis of Partial Agonism at the Dopamine D3 Receptor," Journal of Medicinal Chemistry, 60(2):580-593, 2017 (coauthor).

"Novel and high affinity 2-[(diphenylmethyl) sulfinyl] acetamide (modafinil) analogues as atypical dopamine transporter inhibitors." Journal of Medicinal Chemistry 59.23:10676-10691. 2016 (coauthor).

"Highly selective dopamine D3 receptor (D3R) antagonists and partial agonists based on eticlopride and the D3R crystal structure: new leads for opioid dependence treatment." Journal of Medicinal Chemistry 59.16: 7634-7650, 2016 (coauthor).

"Evidence for noncanonical neurotransmitter activation: norepinephrine as a dopamine D2-like receptor agonist." Molecular Pharmacology 89.4: 457-466, 2016 (coauthor).

Community & Professional

Licensing Executives Society (LES)

Education

J.D., Northwestern Pritzker School of Law (cum laude)

B.A., Chemistry-Biochemistry, Washington University in St. Louis 

Bar & Court Admissions

Bar Admissions

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

Court Admissions

  • U.S. District Court for the Eastern District of North Carolina
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