Matthew Bernstein Partner

Matt is a go-to patent litigator and trial lawyer for U.S. and international clients.

Matthew Bernstein has represented both plaintiffs and defendants in district courts throughout the U.S., as well as before the International Trade Commission (ITC) and the Patent Trial and Appeal Board (PTAB). He has tried seven patent jury cases in district court and two patent cases at the ITC and has handled dozens of inter partes reviews, including arguing at the oral hearings (trial) and at the federal circuit. Matt also frequently litigates disputes involving patent pools.

Matt’s successful record on behalf of his clients includes negotiating early zero-dollar settlements, winning dispositive motions, and prevailing at trial and at the federal circuit. He works closely with his clients to find the most efficient, cost-effective ways to achieve their goals.

Matt’s patent litigation successes include the following:

• Obtained jury verdict of infringement, willful infringement, validity, and full damages for Chinese LED lighting company in the U.S. District Court for the Western District of Texas (Waco Division).
• Obtained summary judgment of no infringement for global virtual reality hardware manufacturer in the U.S. District Court for the Northern District of California.
• Obtained summary judgment of invalidity on all asserted patents for streaming and video hardware company in the U.S. District Court for the Western District of Texas (Waco Division).
• Successfully defended a software company in the second-largest patent infringement case in U.S. history.
• Successfully defended Taiwanese handset manufacturer in ITC action, including obtaining a finding of no liability at hearing/trial and at the U.S. Court of Appeals for the Federal Circuit.
• Successfully invalidated a digital rights management patent at the motion to dismiss stage under Alice / 101 for three of the largest streaming companies and successfully affirmed the decision at the Federal Circuit.
• Obtained zero-dollar dismissals with prejudice for clients in the U.S. district courts for the Eastern District of Texas, District of Delaware, Southern District of Texas, Southern District of California, Western District of Washington, and District of Minnesota.
• Invalidated all challenged claims of five audio patents through inter partes reviews and successfully affirmed the PTAB’s decision at the Federal Circuit.
• Obtained stipulated judgment of noninfringement for two streaming clients in the District of Delaware following a successful early Markman hearing.
• Obtained a jury verdict of infringement, willful infringement, significant damages, and validity against a major semiconductor company. Subsequently obtained a permanent injunction, enhanced damages, and attorneys’ fees from the district court.
• Obtained a jury verdict on liability and significant damages for a computer hardware company. Subsequently obtained injunction, enhanced damages, and attorneys’ fees from the district court.

Matt represents clients spanning numerous technologies and industries, including semiconductors, computer software and hardware, mobile, electronics, LEDs, e-commerce, medical devices, media, automotive systems, weapons systems, and biotechnology. In addition to patent infringement, Matt also represents clients in commercial litigation, trademark, trade secret, trade dress, and copyright matters.