Matthew C. Bernstein

Matthew C. Bernstein — Patent Litigation Practice Summary

Practice focus. Bernstein is a trial-focused patent litigator whose docket centers on software, streaming/media, wireless communications, and consumer electronics — the Flexiworld/Roku and Flexiworld/Hisense matters all concern wireless content-transfer and digital-output technologies. His broader practice spans semiconductors, computer hardware and software, mobile devices, LED lighting, e-commerce, medical devices, and biotechnology, with district court, ITC, and PTAB work plus recurring patent-pool disputes. He has tried seven patent jury cases and handled two ITC investigations, and is a frequent commentator on venue strategy in Judge Albright's W.D. Tex. (Waco) court (Westlaw Q&A, Mar. 2021).

Side preference and firm context. Bernstein works both sides but tilts defense. The tracked docket shows 8 appearances (5 defendant-side, 3 plaintiff-side), and Patexia's 2021 report ranked him among the 100 best-performing patent litigators and among the Most Active Patent Attorneys Representing Defendants. His tracked defense work is concentrated on operating companies — Roku and Hisense — fending off NPE/PAE assertions, including prosecuting Roku's counterclaims. He has been with Perkins Coie throughout his tracked appearances and serves as San Diego office managing partner (also listed as managing partner of the firm's Taipei office), where he counsels Taiwanese and other Asian technology clients in U.S. disputes.

Notable cases and outcomes. Verified highlights include leading the Perkins Coie team to a complete jury verdict for Jiaxing Super Lighting in W.D. Tex. (Waco) — liability and willfulness on all three LED-tube-lamp patents, full requested damages of $14M, covered by Law360 (2022); successfully defending HTC in an ITC investigation with a no-violation determination affirmed on appeal; obtaining § 101 invalidation of Digital Media Technologies' streaming patent for Netflix that the Federal Circuit affirmed; and invalidating five audio patents via IPR for HTC, affirmed by the Federal Circuit. In the tracked matters, Flexiworld v. Roku (W.D. Tex., 6:20-cv-00819-ADA) settled in 2022, and the related Roku v. Flexiworld IPRs were terminated on settlement.

PTAB/IPR experience. Substantial — firm materials cite roughly ten IPR proceedings, and docket records confirm his pro hac vice admissions in Roku v. Flexiworld (IPR2021-00713/714/715; IPR2022-01267), Netflix v. Uniloc, and other IPRs, including PTAB oral argument and Federal Circuit appeals of IPR decisions.

Bar and education. Member, California Bar; admitted to the Federal Circuit, multiple district courts (incl. E.D. and W.D. Tex.), and the U.S. Supreme Court; registered with the USPTO. Tufts University; J.D., George Washington University Law School (per Perkins Coie's people profile).