Clients rely on Tony for the skills and insight he has gained in his over 20 years of Intellectual Property litigation practice. He has experience in patent, trademark, copyright, and trade secret litigation in trial and appellate courts across the country.
Clients additionally look to Tony to assist with managing their intellectual property assets. He advises on trademark selection and registration, content management, trade secret issues, as well as licensing and other inter partes review contracts. Tony works with clients and legal colleagues to understand and anticipate how new technologies affect their businesses, the practice of law and legal strategies, and the progression of intellectual property laws and precedent. As an active member of the firm’s Blockchain, Digital Currencies & Smart Contracts industry group, he is analyzing how distributed ledger technology can be leveraged to more efficiently use, manage, and monetize intellectual property assets.
Prior to joining Michael Best, Tony was a partner in the North Carolina office of a patent law firm where he focused on intellectual property litigation. Before entering the private practice, Tony served as a United States District Court judicial clerk to the Honorable William L. Osteen, Sr., in the Middle District of North Carolina. Tony Biller began his legal career after serving four years as an Army Airborne Ranger in the 82nd Airborne Division where he advanced to the rank of Captain.
- Certified Specialist in Trademark Law, North Carolina State Bar
- Lead litigation counsel in patent, trademark, copyright, and trade secret lawsuits in all North Carolina federal districts, North Carolina business and general trial courts, as well as District Courts in South Carolina, Virginia, West Virginia, Tennessee, Maryland, Kentucky, Georgia, Florida, Alabama, Texas, California, Colorado, California, Washington, Wyoming, Minnesota, Wisconsin, Michigan, Pennsylvania, New York, Delaware, the U.S. Court of Claims, and the USPTO Trademark Trial and Appeal Board.
- Argued appeals before the North Carolina Supreme Court as well as the U.S. Courts of Appeals for the Federal, Fourth, Sixth, and Eleventh Circuits.
- Obtained a finding of willful patent infringement, permanent injunction and $3 Million award at summary judgment against a Fortune 100 retailer on behalf of a textile manufacturer in the Eastern District of North Carolina.
- Led seizure of counterfeit health supplement products and counterfeiter’s computers, decryption of which led to prompt and beneficial settlement in the Middle District of North Carolina.
- Co-chaired jury trial where obtained verdict of willful trademark infringement and cybersquatting for luxury destination and retail brand client against competitor retailer in the Western District of North Carolina.
- Won summary judgment of non-infringement in trademark lawsuit between restaurant chains in the Southern District of Florida; argued and won appeal at 11th Circuit Court of Appeals.
- Defended trade secrets lawsuit involving over 1,000 alleged trade secrets in the Middle District of Georgia and obtained favorable settlement for client.
- Defeated preliminary injunction and won summary judgment in trademark lawsuit between dentists in North Carolina Business Court.
- Successfully enforced patent against key competitor in water purification industry for client; defeated antitrust license, and covenant not to sue counterclaims and obtained favorable claim construction which led to favorable settlement for client.
- Successfully defended copyright lawsuit against fintech client in the District of Minnesota.
- Litigated numerous architectural works copyrights in the North District of Alabama to successful results for client.
- Enforced arbitration agreement in the Northern District of Kentucky to consolidate and successfully resolve trademark disputes in multiple countries between nonprofit organizations; argued and won appeal at 6th Circuit Court of Appeals.
- Won TTAB trial involving insurance coverage entities and successfully argued appeal at the Federal Circuit.
Honors & Recognitions
- Intellectual Property, Legal Elite Hall of Fame (2013), Business North Carolina
- Best Lawyers in America 2018, NC Lawyers Weekly
- Member, American Bar Association
- Member, American Bar Association, Litigation
- Member, American Bar Association, Intellectual Property
- Member, International Trademark Association
- Member, Federalist Society
- Former Chair, American Bar Association, Trademark Litigation and Trademarks and the Internet Committee
- Contributing Author, American Bar Association’s Model Jury Instructions series for Copyright Infringement Cases, 2008