Michael Scarpati, Ph.D.

Associate
Michael’s practice spans all major areas of intellectual property law, including patent prosecution, due diligence investigations, district court litigation involving patents, trademarks, and copyrights, and post-grant proceedings before the U.S. Patent and Trademark Office.
Michael Scarpati, Associate

Michael’s practice spans all major areas of intellectual property law, including patent prosecution, due diligence investigations, district court litigation involving patents, trademarks, and copyrights, and post-grant proceedings before the U.S. Patent and Trademark Office (e.g., inter partes review, reexamination, and reissue proceedings). He has extensive experience drafting patent invalidity, non-infringement and freedom-to-operate opinions, conducting prior art searches, and analyzing patent portfolios. Michael has advanced degrees in the areas of molecular biology, which he leverages to draft and prosecute patent applications related to biotechnology, pharmaceuticals, diagnostics, agricultural products, medical devices, and related life sciences subject matter. Michael also has a degree in computer science, providing cross-disciplinary expertise necessary for the prosecution of software patents. In that regard, he has experience drafting and prosecuting patents directed to software and business methods that implement machine learning, blockchain-based ledgers and other cutting-edge technologies. In addition to the above, Michael also has several years of experience prosecuting and litigating utility and design patents related to consumer products technology, and has counseled clients regarding intellectual property issues at all stages of the product development lifecycle.

Client Work

Michael has extensive experience working with a wide range of clients, including Fortune 100 companies, start-ups, and research universities, in the areas of biotechnology, software, consumer products, and other technological niches. His practice is primarily focused on helping clients develop, manage, and enforce patent portfolios and other intellectual property assets. To that end, Michael has also assisted clients with licensing and enforcement actions to defend and/or monetize their intellectual property assets, in state and federal court litigation.

Previous Work

Prior to joining Arent Fox, Michael was an attorney at a biotechnology-focused boutique based in New York. Before entering the legal field, Michael was an academic and research scientist and has extensive hands-on experience with biotechnology, with over a decade of experience working at the lab bench at university and private laboratories. His research interests include all aspects of molecular biology, with a particular focus on structural biology and signal transduction. He is familiar with both standard wet lab techniques and bioinformatics-based approaches. He is also familiar with machine learning and data science techniques, as applied to “big data” analyses for biological research and other fields of technology.

Professional Activities

  • New York State Bar Association (NYSBA)
  • American Intellectual Property Law Association (AIPLA)
  • New York Intellectual Property Association (NYIPLA)
  • Bar & Court Admissions
    • New York Bar
    • New Jersey Bar
    • US Patent and Trademark Office Bar
    • US District Court, Southern District of New York
  • Education
    Brooklyn College
    PhD
    ,
    Molecular, Cellular & Developmental Biology
    ,
    2017
    Hunter College
    MS
    ,
    Biology
    ,
    2007
    University of Illinois
    BS
    ,
    Computer Science; Summa cum laude
    ,
    2015
    Benjamin N. Cardozo School of Law
    JD
    ,
    2012
    Baruch College
    BS
    ,
    Biology, Economics; Magna cum laude
    ,
    2005