Litigation

Mr. Bernstein knows how to win, and to do so in a cost-effective manner. He evaluates your company’s underlying interests and develops strategies to achieve the quickest and optimal resolution, whether it be adjudicated or by a negotiated settlement.

He has litigated cases before numerous federal and state courts and administrative agencies around the country, including the New York Supreme Court, Southern District Court of New York, Second Circuit Court of Appeals, Federal Circuit Court of Appeals, and Trademark Trial and Appeal Board.

His cases have involved matters of intellectual property and personal and business disputes, including actions concerning infringements of trademarks, copyrights and patents, allegations of fraud, breaches of contract, breaches of fiduciary duties, tortious interference, defamation and corporate break-ups.

A representative list of published decisions includes:

Bard Access Sys. v. Arrow Int'l, 265 F. Supp.2d 192 (SDNY 2003). Successfully defended Arrow International against charges that its catheter technology infringed plaintiff's patent.

Display Tech. v. Paul Flum Ideas, 282 F.3d 1340 (Fed. Cir. 2002). Successfully overturned a summary judgment ruling against Display Technologies regarding beverage display products.

Polo Ralph Lauren v. U.S. Polo Assoc., 2004 US Dist. Lexis 14916 (SDNY 2004). Successfully represented Polo Ralph Lauren in trademark infringement action involving the Polo Player mark.

Honeywell v. JVC, 298 F.3d 1317 (Fed. Cir. 2002). Successfully upheld summary judgment ruling for JVC that it was the beneficiary of a third party technology license.

Baffa v. Donaldson, Lufkin & Jenrette, 185 F.R.D. 172 (SDNY 1999). Successfully obtained dismissal of securities class action lawsuit brought against Donaldson, Lufkin & Jenrette.