Service Areas
Education
- Wayne State University Law School, J.D.
- University of Detroit-Mercy, B.A.
Bar Admissions
- Michigan
Court Admissions
U.S. District Court
- Eastern District of Michigan
- Western District of Michigan
Kimberly A. Berger specializes in the litigation of commercial matters, with a focus on tort and intellectual property claims. She also assists a variety of clients, from large, multinational corporations to small businesses and individuals with the selection, registration, and clearance of trademarks before the U.S. Patent and Trademark Office, as well as the prosecution and protection of trademark and other intellectual property rights in both state and federal courts. Kimberly has assisted her clients in a variety of matters ranging from the defense of negligence, product liability and other injury claims, to actions for breach of contract, trademark infringement, trade secret disputes, and insurance coverage claims. She has also prepared numerous appeals, including interlocutory, by right and amicus briefs.
“I am persistent and tenacious in pursuing all possible defenses to get the best possible results for my clients.”
Kimberly A. Berger
Experience
Kimberly represented a hospital accused of negligence for leaving a sponge in a patient during surgery. The patient underwent two subsequent surgeries at a different facility before the sponge was found and removed. The other facility claimed that it did not use the type of sponge that was ultimately found in the patient. During discovery, however, Kimberly located a copy of a record from the facility which proved that it had used that particular type of sponge during the patient's second surgery. The record had not been originally produced by the facility. As a result, two weeks prior to trial, the other side voluntarily dismissed the case against her client.
“Persistence during discovery led me to uncover valuable information in what I thought was a virtually indefensible case, which ultimately led to the voluntary dismissal of my client.”
Professional Activities
- American Bar Association, Intellectual Property Law Section; Litigation Section; Tort Trial and Insurance Practice Section
- Federal Bar Association
- State Bar of Michigan, Intellectual Property Law Section; Litigation Section; Negligence Section
- Michigan Defense Trial Counsel
- Defense Research Institute
- International Trademark Association
- American Intellectual Property Law Association
Honors + Awards
- Wayne State University Law School, cum laude; Moot Court
- University of Detroit-Mercy, magna cum laude; Insignis Scholar
- Michigan Super Lawyers, Civil Litigation Defense, Rising Star 2010
Speeches
"Retaining Female Litigators," Panelist, MDTC Winter Conference 2008
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