Mr. Berkowitz represents global companies, U.S. companies, and individuals in a wide range of intellectual property litigation and prosecution matters. He has substantial experience in all aspects of intellectual property practice, including the preparation and prosecution of domestic and foreign patents, trademarks, and copyrights; the litigation of patent, trademark, trade dress, trade secret, unfair competition, copyright, domain name, and contractual matters; and the counseling of clients in intellectual property opinion, and transactional matters. He has extensive experience in litigating matters involving Abbreviated New Drug Applications (ANDA) under the Hatch-Waxman Act for generic pharmaceutical companies. Mr. Berkowitz has significant experience in representing clients in reexamination and reissue proceedings before the U.S. Patent and Trademark Office. Mr. Berkowitz has a broad technological experience in the mechanical, electrical, manufacturing systems, and medical device arts. He is a leader in a number of professional and community organizations including having served on the Board of Governors of the Philadelphia Bar Association, and having served as founding co-chair of its Intellectual Property Committee. He is a co-Director of the Phila. Bar Association Charity Run and is a past Chancellor of the Louis D. Brandeis Law Society. He also has served as an adjunct faculty member at Temple University School of Dentistry teaching orthodontic residents about intellectual property issues.
Awards & Recognition
• Pennsylvania Super Lawyer, 2006-2018
• Best Lawyers in America, 2016-2019
• American Jurisprudence Award in Legal Methods and Moot Court
• Martindale Hubbell AV Distinguished Rated
• Drug Delivery
• Independent Inventors and Small Businesses
• Industrial Automation and Robotics
• Industrial Sealant Dispensing
• Construction Materials
• Medical and Dental Devices
• Mechanical Devices
• Retail Displays
• Sporting Goods
Related Representative Matters
• First Round Capital, LLC v. Askari Holdings, LLC d/b/a Skytop Rover (E.D. Pa., 2016). Obtained order directing U.S. Marshals to seize asset (exotic vehicle) in possession of defendant for modification to conform with Federal Motor Vehicle Safety Act.
• Phreshclick, Inc. v. Internet Order, LLC, No. 15-885 (E.D. Pa., 2015). Serve as local counsel to Plaintiff in suit for breach of contract.
• Perfect 10, Inc. v. GigaNews, Inc. LiveWire Services, Inc. et al., 2:14-mc-0141-GAM (C.D. Calif., 2014). Represented non-party witness in connection with responding to testimony subpoena. Obtained court order severely limiting deposition terms and resulting in cancellation of deposition.
• Newborn Bros. Co., Inc. v. Albion Engineering Co., No. 12-cv-2999 (D.N.J., 2012). Represent defendant in suit alleging false advertising and false country of origin marking of caulking guns and related accessories under the Lanham Act.• Richline Group Inc. v. Stanley Creations, Inc., No. 11-cv-3426-ADM-FLN (D.Mn, 2011). Represented defendant in suit for copyright infringement involving jewelry.
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