Based in the Lansing office, Zach Behler practices with the firm’s Business and Corporate Practice Group where he represents clients on a wide range of matters including:
- Intellectual Property: Patent prosecution, patent infringement litigation, patent portfolio administration, trademarks, trade secrets and copyrights.
- Commercial Litigation: Business disputes, contracts, commercial torts and unfair trade practices.
- Environmental Law: Environmental litigation, alternative energy, permitting and land use planning.
- Municipal Law: Municipal litigation, Freedom of Information Act (FOIA), Open Meetings Act, land use and planning and condemnation.
Zach is a member of the State Bar of Michigan, the State Bar of Wisconsin and is admitted to practice before the United States Patent and Trademark Office. He is also one of few licensed patent attorneys in mid-Michigan. He handles all intellectual property matters such as patent infringement litigation, patent prosecution, patent portfolio administration, trademarks, trade secrets and copyrights protection.
Zach earned both his B.A. in Chemistry and his B.A. in international relations with high honors from Michigan State University’s James Madison College in 2003. In 2006, he received his juris doctor from the University of Wisconsin College of Law with honors.
Active in alumni, community and legal organizations, Zach has presented as a panelist at James Madison College’s Alumni Law Night, Michigan State Law School and Michigan State’s Global Business Club. He has also served as a mentor through the MSU College of Law IP Start-Up Project, is a founding member of the Winter of the Beard, Inc., a 501(c)(3) organization mission that provided veterans support services in the Metro Detroit Area and is co-president of Woldemar Nature Center.
Additionally, he is a member of the Michigan Intellectual Property Association, the Michigan Association of Municipal Attorneys and the Michigan Defense Trial Council.
Honors & Recognitions
Michigan Super Lawyers, "Rising Star," 2013-2017
Memberships & Affiliations
- State Bar of Michigan
- State Bar of Wisconsin
- Ingham County Bar Association
- Michigan Association of Municipal Attorneys
- Michigan Intellectual Property Law Association
Industry & Professional Associations:
- Marketing Committee Member, Michigan IT Network
- Winter of the Bear Inc., founding member
- Woldemar Nature Center, co-president
- Grand River Connection
- James Madison Alumni Association
- Michigan State Honors College Alumni Association
- Served as lead counsel for inventors in a case involving claims of breach of partnership and contract. The case settled after mediation.
- Served as lead defense counsel in Federal District Court for the Southern District of California for Square One Industries, Inc in Motion Water Sports, Inc. v. Ronix, Inc. 10-CV-2480-IEG. The case settled after mediation.
- Served as lead defense counsel in Federal District Court for the Western District of Michigan for Redmer Industries, Inc in Carey J. Boote v. Redmer Industries, Inc. 1:11-CV-00490-JTN. The case settled on favorable terms.
- Served as lead defense counsel in Federal District Court for the Western District of Texas for Diglink Computers in Crossroad System, Inc. v. Postvision, Inc. ET AL 09-CV-00879-SS. The case settled after a Markman Hearing on favorable terms.
- Served as lead defense counsel in Federal District Court for the Southern District of California for Diglink Computers in Data Network Storage, LLC. v. Aberdeen, Inc. ET AL 08-CV-0658-MMA. The case settled on favorable terms.
- Served as local counsel in Federal District Court for the Eastern District of Michigan for Shock Doctor, Inc in Warrior Sports, Inc. v. Shock Doctor, Inc. 07-cv-12615-RHC-MKM. The case settled on favorable terms.
- Obtained reinstatement for employees who were prohibited from performing their jobs after being wrongfully accused of a commercial theft.
- Helped to obtain partial reversal of a trial court injunction which prohibited the discharge of treated ground water as part of a crude oil cleanup project.
- Successfully settled a lawsuit on behalf of a village to recover $90,000 for damage to village-owned land caused by a forest fire.
- 9,381,421 - Goalie pad
- 9,352,810 - Camber wakeboard
- 9,266,007 - Goalie skate
- D707,786 - Fly swatter
- D679,893 - Shirt
- D671,465 - Promotional sun shield
- D662,015 - Promotional sun shield
- D640,961 - Promotional sun shield
- D636,270 - Gift container
- D635,608 - Eyeglass ornament
- D626,790 - Popcorn bucket lid
Recent Blog Posts
BizTech Law Blog
- Supreme Court Examines Where Proper Venue Lies for Patent Infringement Lawsuit
- Does my Small Business Need to Protect its Intellectual Property?
- Patent Basics
- Will the Government Force the Redskins to Change their Name?
- Design Patents
- Beware of the Statutory Bars
- Provisional Patent Applications
- Why do I have to mark my product with the patent number?
- Supreme Court Holds that a Patent of the Process of Administering a Drug is Invalid
Health Care Law Blog
- Michigan Department of Environmental Quality Announces Change to CAFO Permits Which Restricts Use of Manure Received from CAFOs, Foster Swift Agricultural Law News, July 17, 2015
- Buying Registered Trademarks as Google Adwords?, Foster Swift Business & Corporate Law Report, Spring 2011
- What Software Companies Should Know About Patents, Foster Swift Information Technology E-News, January 19, 2010
- Has your Township Considered Pursuing an Energy Grant? Federal and State Aid is Potentially Available, Foster Swift Municipal Law News: MTA Special Edition, January 2009
- Michigan Supreme Court Reverses Court of Appeals' Decision in Benefiel v Auto-Owners Insurance Company, Foster Swift No-Fault E-News, December 23, 2008
- Technology Tips: What to Avoid when Contracting for a New Website or Software, Foster Swift Municipal Law News: MTA Edition, January 2008
News & Events
- 30 Foster Swift Attorneys Selected to 2017 Michigan Super Lawyers and Rising Stars Lists, September 8, 2017
- 29 Foster Swift Attorneys Selected to 2016 Michigan Super Lawyers and Michigan Rising Stars Lists, September 2, 2016
- 21 Foster Swift Attorneys named to 2015 Michigan Super Lawyers and Michigan Rising Stars, September 8, 2015
- 2014 Michigan Super Lawyers and Michigan Rising Stars, September 5, 2014
- Foster Swift Elects Behler, Farrar and Richardson as Shareholders, January 21, 2014
- Thirty-one Foster Swift Attorneys included in Super Lawyers for 2013, September 6, 2013
- Protecting IP: Keeping the Regulatory Requirements in Check, Making It In Michigan Event, Product Center at Michigan State University, November 12, 2013
- Webinar: Top 5 Legal Issues To Address in Every Software Transaction, October 16, 2013
- Careers in Intellectual Property, MIPLA event, November 11, 2011
- Ask a Lawyer, Michigan Township Association, January 26, 2011
- Careers in Intellectual Property, MIPLA event, Cooley Law School, March 18, 2010
- Panelist James Madison Alumni Career Day, Michigan State University, February 2010
University of Wisconsin Law School, J.D., 2006 with Honors
- Order of the Coif
Michigan State University, B.A., 2003,
-Chemistry, with High Honors
-International Relations, with High Honors
Bar and Court Admissions
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Western District of Michigan
U.S. District Court for the Western District of Wisconsin
U.S. Sixth Circuit Court of Appeals
U.S. Patent & Trademark Office