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

Experience

Patent Litigation

Jiaxing Super Lighting Electric Appliance Co., Ltd. et al. v. CH Lighting Technology Co., Ltd.

U.S. District Court for the Western District of Texas (Waco Division)
Lead counsel for Chinese LED tube lamp manufacturer; obtained jury verdict of infringement, validity, willful infringement, and full damages on the three asserted patents following jury trial; pending.

Digital Media Technologies, Inc. v. Amazon, Netflix, and Hulu

U.S. District Court for the Northern District of Florida
Lead counsel for Amazon, Netflix, and Hulu in cases related to DRM technology; won motion to dismiss on Alice / 101 grounds with invalidity decision affirmed by Federal Circuit.

In the Matter of Certain Movable Barrier Operator Systems and Components Thereof, U.S. International Trade Commission Investigation No. 337-TA-1118

Lead counsel for Respondents Nortek Security & Control LLC f/k/a Linear, LLC, Nortek, Inc., and GTO Access Systems, LLC in a three-patent case before ALJ McNamara concerning garage door and gate openers; pending.

The Chamberlain Group, Inc. v. Nortek Security & Control LLC

U.S. District Court for the Southern District of California
Counsel for Nortek Security & Control LLC f/k/a Linear, LLC in a three-patent case before Judge Janis L. Sammartino and Magistrate Judge Andrew G. Schopler concerning garage door and gate openers; pending.

Uniloc 2017 LLC, v. Netflix, Inc., et al.

U.S. District Court for the Central District of California
Lead counsel for Hulu, Netflix, and Roku in a patent case related to presenting audio and visual content on a computer or computer network; pending.

Flexiworld Technologies, Inc. v. Roku

U.S. District Court for the Western District of Texas (Waco Division)
Lead counsel for Roku in 14 patent litigation (4 cases) related to video technologies; pending.

Clouding IP, LLC, v. Microsoft Corporation

U.S. District Court for the District of Delaware
Lead counsel for Microsoft in 15 patent case related to cloud computing.

Nonend Inventions, N.V. v. Microsoft Corporation, et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for Microsoft, HTC America, HP, and Fujitsu in patent case related to media streaming.

Bradium Technologies LLC v. Microsoft Corporation

U.S. District Court for the District of Delaware
Lead counsel for Microsoft in patent case related to mapping software.

Sovereign Peak Ventures, LLC v. Hisense Co., Ltd. et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for Hisense in 7 patent and 4 patents cases relating to video coding and Wi-Fi technologies; pending.

U.S. Silica Company v. Amberger Kaolinwerke Eduard Kick GmbH & Co. KG

U.S. District Court for the Eastern District of Texas
Lead counsel for German company (Amberger Kaolinwerke) in six patent case related to cool roofing technology; pending.

Ameranth, Inc. v. Starbucks Corp.

U.S. District Court for the Southern District of California
Lead counsel for Starbucks in patent litigation related to online menu generation and mobile payment.

Starbucks Corp. v. NeoMedia Technologies, Inc.

U.S. District Court for the Western District of Washington
Lead counsel for Starbucks in patent litigation related to QR codes.

Lennon Image Technologies, LLC v. Target Corporation

U.S. District Court for the Eastern District of Texas
Lead counsel for Target in patent litigation related to virtual try on technology.

Lemaire Illumination Technologies, LLC v. HTC Corporation

U.S. District Court for the Eastern District of Texas
Lead counsel for HTC Corporation in patent litigation related to controlling and powering a solid-state light source such as a light-emitting diodes (LED).

NFC Technology LLC v. HTC America, Inc. et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for HTC America in patent litigation related to near field communications.

Agis Software Development, LLC v. HTC Corporation

U.S. District Court for the Eastern District of Texas
Lead counsel for HTC in a patent case related to mapping location services.

Electronic Scripting Products, Inc. v. HTC America, Inc., et al.

U.S. District Court for the Northern District of California
Lead counsel for HTC America in a patent case related to virtual reality technologies.

Advanced Audio Devices, LLC v. HTC America, Inc.

U.S. District Court for the Northern District of Illinois
Lead counsel for HTC America in patent litigation related to audio playlists.

Display Technologies, LLC v. HTC America, Inc.

U.S. District Court for the Western District of Washington
Lead counsel for defendant HTC America in a single patent case before Judge Jones involving NFC and Bluetooth wireless connectivity. Case dismissed with prejudice.

R&D Enterprises of San Jose, LLC v. Derma Art Technologies, Inc., One Ink Seven LLC, et al.

U.S. District Court for the District of Minnesota
Lead counsel for Derma Art Technologies, Inc. and Painful Pleasures, Inc. in patent cases related to tattoo ink technology.

Barkan Wireless Access Technologies, L.P. v. T-Mobile US, Inc. et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for T-Mobile in a patent case related to wireless networking.

Rothschild Storage Retrieval Innovations, LLC. v. HTC Corporation, et al.

U.S. District Court for the Northern District of California
Lead counsel for HTC America and HTC Corp. in patent case related to distributing wireless images.

e-Watch, Inc., et al. v. Apple, Inc., et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for HTC America and HTC Corp. in patent litigation related to mobile image systems.

Chinook Licensing DE, LLC v. Hulu, LLC

U.S. District Court for the District of Delaware
Lead counsel for Hulu in patent litigation related to online recommendations.

TransVideo Electronics, Ltd. v. Hulu, LLC

U.S. District Court for the District of Delaware
Lead counsel for Hulu in patent litigation related to video distribution systems.

TransVideo Electronics, Ltd. v. Netflix, Inc.

U.S. District Court for the District of Delaware
Lead counsel for Netflix in patent litigation related to video distribution systems.

Ziplink, Inc. v. Microsoft Corporation

U.S. District Court for the District of Connecticut
Lead counsel for Microsoft in patent litigation related to anti-spoofing and anti-spam technologies.

Orostream LLC v. NHL Interactive Cyberenterprises, LLC

U.S. District Court for the Eastern District of Texas
Lead counsel for NHL Interactive in patent litigation related to distributing media content.

Orostream LLC v. Zuffa, LLC

U.S. District Court for the Eastern District of Texas
Lead counsel for Zuffa in patent litigation related to distributing media content.

InMotion Imagery Technologies, LLC v. Cyberlink.com Corp. d/b/a Texas Cyberlink Corp

U.S. District Court for the Eastern District of Texas
Lead counsel for Cyberlink in patent litigation related to video indexing system.

Overland Storage, Inc., v. Qualstar Corporation

U.S. District Court for the Southern District of California
Lead counsel for Qualstar in patent litigation related to media libraries.

Orientview Technologies LLC, v. Just Fabulous, Inc.

U.S. District Court for the District of Delaware
Lead counsel for Just Fabulous in patent litigation related to online marketing.

Tierravision Inc. v. Microsoft Corporation

U.S. District Court for the Southern District of California
Lead counsel for Microsoft in patent litigation related to mobile mapping functionality.

Transcenic Inc. v. Google Inc., et al.

U.S. District Court for the District of Delaware
Lead counsel for Microsoft in patent litigation related to street level imagery.

Lodsys, LLC v. Hulu

U.S. District Court for the Eastern District of Texas
Lead counsel for Hulu in patent litigation related to online reviews.

Figa v. HTC Corporation

U.S. District Court for the District of Massachusetts
Lead counsel for HTC in patent litigation related to caller-id functionality on mobile phones.

LBS Innovations, LLC v. Aaron Brothers, Inc., et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for Adams Golf in patent litigation related to online store locators.

LBS Innovations LLC v. BP America Inc., et al.

U.S. District Court for the Eastern District of Texas
Lead counsel for McDonald's, Starbucks, Target, Costco, U.S. Bank and others in patent litigation related to online store locators.

LBS Innovations, LLC v. Sally Beauty Supply LLC, et al

U.S. District Court for the Eastern District of Texas
Lead counsel for Sally Beauty in patent litigation related to online store locators.

Compression Technology Solutions LLC v. CA. Inc., et al.

U.S. District Court for the Eastern District of Missouri
Lead counsel for Quest Software in patent litigation related to data compression.

Ziplink, Inc. v. Time Warner Cable Inc.

U.S. District Court for the District of Connecticut
Lead counsel for Time Warner in patent litigation related to anti-spoofing and anti-spam technologies.

StylePath, Inc. v. Just Fabulous, Inc.

U.S. District Court for the Central District of California
Lead counsel for Just Fabulous in patent litigation related to online marketing.

e.Digital Corporation v. Intel Corporation

U.S. District Court for the Southern District of California
Counsel for Intel in patent litigation related to flash memory.

Flashpoint Technology Inc. v. HTC Corporation, et al.

U.S. District Court for the District of Delaware
Counsel for HTC in patent litigation concerning 10 patents related to mobile technologies; pending.

FlashPoint Technology Inc. v. HTC Corporation, HTC America Inc., et al.

U.S. International Trade Commission
Counsel for HTC in patent litigation concerning camera functionality in smart phones; win at trial and initial ID. ITC proceeding 337-TA-726

Fujinon Corporation v. HTC Corporation and HTC America Inc.

U.S. District Court for the Southern District of Texas
Counsel for HTC in patent litigation concerning optical lens structures found in cellular phones; pending.

Largan Precision, Company Ltd. v. Fujinon Corporation

U.S. District Court for the Northern District of California
Counsel for Largan in patent litigation concerning optical lens structures; dismissed.

Treefrog Developments, Inc. d/b/a LifeProof v. Seidio, Inc.

U.S. District Court for the Southern District of California
Counsel for LifeProof in patent litigation related to iPhone cases.

Treefrog Developments, Inc. d/b/a LifeProof v. Joy Factory, Inc.

U.S. District Court for the Southern District of California
Counsel for LifeProof in patent litigation related to iPhone cases.

Treefrog Developments, Inc. d/b/a LifeProof v. Klearkase, LLC, et al.

U.S. District Court for the Southern District of California
Counsel for LifeProof in patent litigation related to iPhone cases.

ATEN International Company, Ltd. v. Belkin Corporation

U.S. District Court for the Central District of California
Counsel for ATEN in patent litigation related to KVM switches.

Nonend Inventions, N.V. v. Amazon.com, Inc., et al

U.S. District Court for the Eastern District of Texas
Counsel for Amazon in patent case related to streaming and sharing media.

Clouding IP, LLC, v. Amazon.com, Inc. and Amazon Web Services, LLC

U.S. District Court for the District of Delaware
Counsel for Amazon in multiple patent case related to cloud computing.

Clouding IP, LLC, v. Rackspace Hosting, Inc., et al.

U.S. District Court for the District of Delaware
Counsel for Rackspace in multiple patent case related to cloud computing.

Clouding IP, LLC, v. Dropbox, Inc.

U.S. District Court for the District of Delaware
Counsel for Dropbox in multiple patent case related to cloud computing.

SimpleAir, Inc., v. Microsoft Corporation, et al.

U.S. District Court for the Eastern District of Texas
Counsel for HTC in two patent case related to remote notification technology for mobile devices; plaintiff voluntarily dismissed claims against HTC.

Lucent Technologies v. Microsoft Corporation*

U.S. District Court for the Southern District of California
Federal Circuit Court of Appeals
Defended Microsoft in patent litigation jury trial related to audio encoders and decoders.

z4 Technologies, Inc. v. Microsoft Corporation and Autodesk Inc.*

U.S. District Court for the Eastern District of Texas
Federal Circuit Court of Appeals
Defended Microsoft in patent litigation jury trial related to software anti-piracy.

Microtune, L.P. v. Broadcom Corp.*

U.S. District Court for the Eastern District of Texas
Represented Microtune in patent litigation jury trial related to integrated TV tuners.

Crossroads Systems, Inc. v. Chaparral Network Storage, Inc.*

U.S. District Court for the Western District of Texas
Federal Circuit Court of Appeals
Represented Crossroads Systems in patent litigation jury trial related to storage routers.

Crossroads Systems, Inc. v. Pathlight Technology, Inc.*

U.S. District Court for the Western District of Texas
Represented Crossroads Systems in patent litigation jury trial related to storage routers.

Polaroid Corp. v. Hewlett-Packard Co.*

U.S. District Court for the District of Delaware
Defended Hewlett-Packard in patent litigation related to image enhancement algorithms.

Product Activation Corp. v. Autodesk, Inc.*

U.S. District Court for the Eastern District of Texas
Defended Autodesk in patent litigation related to software anti-piracy.

Håkan Lans and Uniboard Aktiebolag v. Hewlett-Packard Co.*

U.S. District Court for the District of Columbia
Federal Circuit Court of Appeals
Defended Hewlett-Packard in patent litigation related to digital graphics.

Digital Development Corp. v. Hewlett-Packard Co.*

U.S. District Court for the Northern District of California
Defended Hewlett-Packard in patent litigation related to computer data integrity.

TypeRight Keyboard Corp. v. Microsoft Corporation*

U.S. District Court for the Southern District of California
Defended Microsoft in patent litigation related to ergonomic keyboards.

Orion IP LLC v. American Suzuki Motor Corp.*

U.S. District Court for the Eastern District of Texas
Defended American Suzuki Motor Corp. in patent litigation related to online advertising and online parts ordering.

Alphatec Spine, Inc. v. X-Spine Systems, Inc.*

U.S. District Court for the Southern District of California
Lead counsel for patent holder Alphatec Spine in patent litigation related to cervical plate and fixation systems.

Alphatec Spine, Inc. v. Theken Spine LLC, et al.*

U.S. District Court for the Southern District of California
Lead counsel for patent holder Alphatec Spine in patent litigation related to cervical plate and fixation systems. The case favorably settled.

Sequal Technologies, Inc. v. Inogen, Inc.*

U.S. District Court for the Southern District of California
Represented patent holder Sequal in patent litigation related to portable oxygen concentrators. The case favorably settled.

Intellectual Property Litigation

Lorillard Tobacco Co. v. B&L Liquor*

U.S. District Court for the Central District of California
Represented Lorillard Tobacco in litigation involving trademark and counterfeit.

Lorillard Tobacco Co. v. J&J Liquor*

U.S. District Court for the Central District of California
Represented Lorillard Tobacco in trademark and counterfeit litigation.

Dr. Seuss Enterprises, L.P. v. Soft Things, Inc.*

U.S. District Court for the Southern District of California
Represented Dr. Seuss Enterprises in trademark, trade dress and copyright litigation.

Metabolife International, Inc. v. OnTrack Wellness, Inc.*

U.S. District Court for the Southern District of California
Represented Metabolife International in trademark and trade dress litigation.

Orincon Corp. v. Intelligent Automation Corp.*

Superior Court of California, San Diego County
Represented Orincon in trade secret and unfair competition litigation.

Microtune Inc. v. Broadcom*

U.S. District Court for the Western District of Texas
Represented Microtune in antitrust litigation.

Microtune Inc. v. Silicon Wave Inc.*

Superior Court of California, San Diego County
Represented Microtune in breach of contract litigation.

 

* Prior Experience

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Bar and Court Admissions

  • California
  • Taiwan, Foreign Legal Affairs Attorney
  • Supreme Court of the United States
  • 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