Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

Mark Berkowitz Partner

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Mark Berkowitz’s practice focuses on all aspects of intellectual property, with an emphasis on litigation. He litigates patents covering a wide variety of technologies including consumer electronics, semiconductors, e-commerce, power distribution and medical devices. He assists in all phases of patent cases from pre-suit investigations through appeal, including discovery, Markman briefing and dispositive motions.

Mark is also involved in all aspects of enforcing rights and defending trademark claims. For example, he has been involved in numerous disputes relating to the first-sale doctrine, including litigations concerning the “material difference” and “quality control” exceptions to that doctrine. In this regard, Mark is regularly called upon to defend the rights of merchants to resell branded goods.

In addition to handing intellectual property disputes in the federal courts, Mark represents numerous e-commerce sellers in the cutting edge intellectual property legal issues that they face. Mark has extensive experience addressing rights owner complaints on e-commerce platforms, such as Amazon.com. He also counsels clients on developing intellectual portfolios that will provide the most value in an online world.

A registered patent attorney, Mark prepares and prosecutes patent applications and participates in inter partes review proceedings before the U.S. Patent and Trademark Office. Mark counsels clients with respect to a broad range of patent, trademark and copyright matters and prepares opinions with respect to patentability, freedom-to-practice, infringement and validity.

Prior to attending law school, Mark worked as an electrical engineer at a global defense firm, gaining experience in circuit design, software development and manufacturing.


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Bar Admissions
  • New York
  • New Jersey
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office
Education
  • St. John’s University School of Law, Queens, New York, 2007, J.D.
  • State University of New York at Stony Brook, Stony Brook, New York, 2002, B.E., Electrical Engineering, Magna Cum Laude, Tau Beta Pi, Eta Kappa Nu
Awards and Honors
  • Rising Stars 2015-2018
Professional Experience
  • EDO Marine and Aircraft Corporation, Design Engineer, 2002-2004
Additional Languages
  • Hebrew

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