Professional Biography

Matthew Bernstein Partner

Taipei Office Managing Partner

  • San Diego

    D +1.858.720.5721

    F +1.858.720.5799

    San Diego

    11452 El Camino Real, Suite 300

    San Diego, CA 92130-2080

    +1.858.720.5721

    MBernstein@perkinscoie.com

  • Taipei

    T +886.2.8101.2031

    F +886.2.8101.2038

    Taipei

    Taipei 101 Tower, Suite F, 45th Floor, No. 7, Sec. 5, Xinyi Road, Xinyi District

    +886.2.8101.2031

    MBernstein@perkinscoie.com

  • Los Angeles

    D +1.310.788.3304

    F +1.310.788.3399

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Overview

Matt is a go-to patent litigator and trial attorney for his U.S. and international clients with a record of successful results for his clients. Whether it is negotiating early zero-dollar settlements, winning dispositive motions, or prevailing at trial and at the federal circuit, Matt works with his clients to find the most efficient, cost-effective ways to achieve their goals. Having represented both plaintiffs and defendants in district courts throughout the U.S., the International Trade Commission (ITC) and at the Patent Trial and Appeal Board (PTAB), Matt sees the big strategic picture, but also knows how to actually implement case-specific strategies. He recently tried seven patent jury cases in district court and two patent cases at the ITC. He’s also handled dozens of inter partes reviews, including arguing at the oral hearings (trial) and at the federal circuit. Matt also frequently handles and litigates disputes involving patent pools.

Some of Matt’s recent patent litigation successes include:

  • Obtained jury verdict of infringement, willful infringement, validity, and full damages for Chinese LED lighting company in the Western District of Texas (Waco Division).
  • Obtained summary judgment of no infringement for global VR hardware manufacturer in the Northern District of California.
  • 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 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 Eastern District of Texas, District of Delaware, Southern District of Texas, Southern District of California, Western District of Washington, and the District of Minnesota.
  • Invalidated all challenged claims of five audio patents through IPR, 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.
  • Obtained a jury verdict of infringement, willful infringement, significant damages and validity against a major semiconductor company, and then 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, and then obtained injunction, enhanced damages and attorneys’ fees from the district court.

He has litigated and counseled clients in a wide variety of technologies and industries, including computer software and hardware, mobile, electronics, LEDs, e-commerce, medical devices, media, automotive systems, weapons systems, biotechnology and others. In addition to his patent infringement work, Matt also represents clients in trademark, trade secret, trade dress, copyright and government contract matters.

Matt’s intellectual property and litigation skills have been recognized in both San Diego and nationally. He has been named a Top Attorney, Best Lawyer, Best of the Bar, and Super Lawyer.

Professional Recognition

  • Listed in Intellectual Asset Management Patent 1000, 2022 – 2023
  • Recognized as a leader in Patexia’s Patent Litigation Intelligence Report, 2021
  • Named in Best Lawyers in America: Commercial Litigation; Litigation - Intellectual Property; Litigation - Patent, 2015 – 2024; Patent Law, 2024
  • Named in Super Lawyers: Intellectual Property, 2013 – 2023
  • Named in San Diego Business Journal's, Best of the Bar, 2014 – 2017
  • Named a "Top Attorney" (Intellectual Property Litigation) in San Diego by the San Diego Daily Transcript, 2007 – 2013, 2015; San Diego Top Attorney Emeritus in 2014
  • Recipient of the Wiley W. Manuel award for Pro Bono Service

Professional Leadership

  • State Bar of California
  • San Diego County Bar Association
  • Fellow, American Bar Foundation

  • American Bar Association

Related Employment

  • Fish & Richardson P.C., San Diego, CA, Partner
  • DLA Piper (formally Gray Cary Ware & Freidenrich), San Diego, CA, Associate
  • United States Agency for International Development, Washington, D.C., Law Clerk

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Bar and Court Admissions

  • California
  • Taiwan, Foreign Legal Affairs Attorney
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas

Education

  • The George Washington University Law School, J.D., 1998
  • Tufts University, B.A., 1995