Neil Swartzberg

  • Of Counsel at Pearson, Simon & Warshaw, LLP (11 Attorneys)
  • 44 Montgomery Street, Suite 2450, San Francisco, CA 94104
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Neil Swartzberg, Of Counsel to Pearson, Simon & Warshaw, LLP, has significant litigation and counseling experience, with a track record of providing advice and representation to individuals and companies on a variety of technology, consumer and finance related matters. He has expertise in complex and commercial litigation, including in the intellectual property, consumer protection, antitrust, securities and class action context. Practicing in both federal and state courts, he has litigated price-fixing class actions, securities fraud suits and other consumer protection cases, as well as patent infringement, trade secret misappropriation and related intellectual property matters. Mr. Swartzberg also has experience negotiating licenses and similar agreements to resolve disputes in technology areas such the Internet, online banking, and telecommunications.

Mr. Swartzberg was a leading attorney in the Direct Purchaser Plaintiff class action In re Static Random Access Memory (SRAM) Antitrust Litigation (N.D. Cal.). He was also actively involved in several other antitrust class actions, such as In re International Air Transportation Surcharge Antitrust Litigation (N.D. Cal.), Air Cargo Shipping Services Antitrust Litigation (E.D.N.Y.), In re Cathode Ray Tube (CRT) Antitrust Litigation (N.D. Cal.), and In re Optical Disk Drive (ODD) Antitrust Litigation (N.D. Cal.). He has represented patent owners and companies in infringement cases for patents covering video game controllers, Internet search functionality, secure mobile banking transactions, and telecommunications switches..

Current Cases:

In Re CytRx Corporation Securities Litigation (C.D. Cal.) In re Lithium Ion Batteries Antitrust Litigation (N.D. Cal.) In re Broiler Chicken Antitrust Litigation (N.D. Ill.) In re: Santa Fe Natural Tobacco Company Marketing, Sales Practices, and Products Liability Litigation (D. N.M.)

Publications and Presentations:

The Hard Cell, Mobile banking and the Federal Circuit's "divided infringement" decisions, Feb. 2013, Intellectual Property magazine, with Robert D. Becker.

Areas of Practice (5)

  • Intellectual Property
  • Litigation
  • Patent Prosecution & Litigation
  • Consumer Protection
  • Antitrust Class Actions

Education & Credentials

Contact Information:
415-400-7711  Phone
415-433-9008  Fax
University Attended:
Duke University, A.B., cum laude, 1991; State University of New York, Buffalo, M.A., 1994
Law School Attended:
University of California, Davis School of Law, J.D., 2001
Year of First Admission:
U.S. District Courts for the Eastern and Northern Districts of California; U.S. District Court, Central District of California; U.S. District Court, Eastern District of Missouri; U.S. District Court, Western District of Pennsylvania; 2001, California; 2001, U.S. Court of Appeals for the Ninth Circuit
American Bar Association
Payment Information:
  • Free Initial Consultation
  • Fixed Hourly Rates

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San Francisco, California

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