Michael W. Vary is Of Counsel at McCarthy, Lebit, Crystal & Liffman Co., L.P.A. Mr. Vary’s practice includes patent, copyright and trademark litigation as well as general commercial litigation, contract disputes, theft of trade secrets, and insurance litigation.  Mr. Vary’s work also includes chemical and pharmaceutical patent litigation including pre-litigation counseling and opinion letter writing.

Mr. Vary, formerly with two national law firms in major Midwestern cities, has practiced before several federal district and appellate courts, state courts and the International Trade Commission as well as the Federal Circuit.  He has also participated in mediation, arbitration, and other forms of ADR proceedings.

Mr. Vary is admitted to practice before the U.S. Patent and Trademark Office and has participated in both ex parte and inter partes patent proceedings, post-grant proceedings, reexamination proceedings, protests, reissues, as well as trademark oppositions. More recently, the focus of Mr. Vary’s practice with the Firm has been in intellectual property disputes, primarily trademark litigation, copyright litigation and trademark opposition proceedings before the TTAB.

Mr. Vary has served as a member of the Federal Court Panel for early neutral evaluation, mediation and arbitration for the United States District Court for the Northern District of Ohio. Mr. Vary has been an expert witness in fees disputes and has been appointed as an expert by a bankruptcy court in a patent dispute.  He has lectured and taught intellectual property law as an adjunct professor at Case Western Reserve University School of Law. For more than the last 20 years, Mr. Vary has received the rating of AV Preeminent by Martindale-Hubbell.

Education

  • Case Western Reserve University School of Law
    • J.D., magna cum laude
  • Yale University
    • M.S., M. Phil., Ph.D. Chemistry
  • John Carroll University
    • B.S. Chemistry

Admissions

  • Ohio
  • Illinois
  • U.S. Patent and Trademark Office
  • U.S. District Court Northern District of Ohio
  • U.S. District Court for the Northern District of Illinois
  • International Trade Commission
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Supreme Court

Awards

  • Martindale-Hubbell® Peer Review Rating™ of AV® Preeminent™ 1997-Present

Activities

  • Progressive Arts Alliance, Board Member

Articles

  • Copyright Trolls Getting Active Again—What do I do if I receive a letter accusing me of copyright infringement because I uploaded a movie?, McCarthy Lebit IP Blog, March 2017
  • Intellectual Property Protection and Enforcement—Alternatives to patent protection, McCarthy Lebit IP Blog, February 2017

Presentations

  • "Protecting Your Artwork - Patents, Copyrights and Trademarks," Euclid Art Association, November 7, 2016.
  • "Copyrights and Trademarks - What Every Artist Needs To Know," Artists Archives of the Western Reserve, March 19, 2016.
  • "Protecting Your Rights," Akron Area Arts Alliance, November 15, 2013.