Matthew Berkowitz
Partner
REPRESENTATIVE MATTERS
Lead counsel to CardWare, Inc. in ongoing five patent litigation and related post-grant proceedings. (E.D. Tex.). CardWare, Inc. v. Samsung Electronics Co. Ltd. et al., 2:21-cv-0041
Lead counsel to Price f(x), a SaaS pricing solution company, in multiple competitor litigations (and PTAB proceedings) involving claims of trade secret misappropriation, patent infringement, copyright infringement and unfair competition. Vendavo, Inc. v. Price f(x) AG et al. (N.D. Cal. and N.D. Ill.)
Lead counsel to Oracle Corp. in ongoing patent litigation. Pedersen v. Oracle Corporation, 2:22-cv-00410 (W.D. Tex.)
Lead counsel to Valtrus Innovations, Ltd. in litigation involving claims for tortious interference and declaratory relief concerning four patents. Red Hat, Inc. v. Valtrus Innovations, Ltd., 4:22-cv-05289 (N.D. Cal.)
Lead counsel to musical.ly in a two patent litigation. Matt won a motion to dismiss the complaint with prejudice on the grounds that the asserted patents are invalid as patent ineligible. Talent Broker Technologies LLC v. musical.ly, Inc. (C.D. Cal.)
Lead counsel to STMicroelectronics in a case brought by HTC Corp. seeking defense and indemnification for a patent litigation brought by CyWee Group Ltd.; Matt won a motion to dismiss the third-party complaint, and an agreement by HTC not to seek leave to amend after Matt filed a sanctions motion. CyWee Motion Group Ltd. v. STMicroelectronics, Inc. (W.D. Wash.)
Represented Airbus before the Federal Circuit in an appeal from an inter partes reexamination. Matt argued the appeal, which resulted in a precedential opinion in Airbus’s favor. Airbus S.A.S. v. Firepass Corp. (Fed. Cir. July 17, 2015). Matt also argued several related appeals wherein the PTAB affirmed rejections of all asserted claims. Firepass v. Airbus (E.D.N.Y)
Lead counsel to Toyota in five inter partes review proceedings. Toyota’s petitions were granted on all 50 combined claims across the five proceedings for which review was requested (PTAB).
Represented Toyota in multiple cases originally involving 24 patents. Multiple patents were dismissed before claim construction and dozens of asserted claims were held unpatentable following inter partes review decisions. Toyota also won transfer of the case to the Eastern District of Michigan, and was ultimately successful in getting all remaining claims dismissed. American Vehicular Sciences LLC v. Toyota Motor Corp. (E.D. Tex.; E.D. Mich.)
Represented Elpida (current subsidiary of Micron Technology) and its customers in an eight patent semiconductor memory litigation involving district court actions and an ITC investigation, which was successfully settled after summary determination briefing and prior to a hearing. Intellectual Ventures v. Elpida (D. Del., W.D. Wash., ITC)
Represented US Endodontics in district court litigation and post-grant review proceedings concerning methods of manufacturing nickel-titanium endodontic instruments. During a preliminary injunction hearing, Matt cross-examined the plaintiff’s expert, who admitted that he had lied about having a Ph.D. degree. The Court subsequently ruled for Matt’s client on the motion. Matt also helped invalidate all asserted claims in the PTAB. Dentsply Int’l, Inc. v. US Endodontics, LLC (E.D. Tenn.)
Represented Sony as a complainant in a seven patent ITC investigation concerning mobile telephones that settled favorably at the end of fact discovery. In the Matter of Certain Mobile Telephones and Modems (ITC)
Represented calling card company Rubard LLC in a successful summary judgment argument that the sole asserted patent is invalid as patent-ineligible. Stanacard v Rubard, LLC, et al. (S.D.N.Y.)
Represented Toyota in a litigation relating to vehicle telematics, which has been successfully stayed pending inter partes reexamination. In all three reexaminations, all asserted claims stand rejected. Fernandez v. Toyota (C.D. Cal.)
Represented Sony in litigation resulting in summary judgment of invalidity based on lack of written description, which was affirmed by the Federal Circuit on appeal. Trans Video Electronics v. Sony Electronics (N.D. Cal.)
Represented GE Healthcare (GEH) in a 38-day false advertising trial wherein the court rejected plaintiff Bracco’s $4 billion damages claim against GEH and held that Bracco had itself engaged in false advertising. Bracco Diagnostics v. Amersham Health (D.N.J.)
Represented Toyota in district court actions and an ITC investigation, in which Toyota avoided the injunction on hybrid cars sought by plaintiff. Paice v. Toyota (E.D. Tex., ITC)