Matthew D. Berger is a partner in the Corporate practice of Paul Hastings. His practice focuses on complex technology transactions and intellectual property counseling and advice, generally for clients in high technology industries such as the semiconductor, life sciences, and alternative energy industries.
Mr. Berger has extensive experience in negotiating and drafting agreements for the development, licensing, production, supply, and support of semiconductors and other hardware; software and data; pharmaceutical, biotechnology, and medical devices and systems; and multimedia and entertainment products and content. Mr. Berger has negotiated agreements for the protection and transfer of copyrights, trademarks, patents, trade secrets, and other intellectual property, and has litigated copyright, trademark, patent, trade secret, royalty, and domain name claims and disputes.
In addition, Mr. Berger represents technology, life sciences and media and entertainment companies in financings, mergers and acquisitions, strategic alliances, and joint ventures, and other corporate structuring. He also represents emerging technology companies and ventures in entity formation, and is experienced in structuring and negotiating angel and venture financing.
Mr. Berger has particular experience in the semiconductor and computer hardware area. He has advised clients with regard to, and has negotiated and drafted agreements for, the development and licensing of semiconductor process technology and cores, SIP, and other semiconductor designs; the purchase and sale of semiconductor tooling and equipment; the manufacturing, packaging and testing, distribution, sale and other commercialization of semiconductor products; and the manufacturing, assembly, testing, distribution, sale and other commercialization of servers, personal computers, handheld devices and other hardware. Mr. Berger has also advised clients with regard to, and has negotiated and drafted agreements for, mergers and acquisitions of semiconductor and other hardware companies and joint ventures for the development of semiconductor process technology and designs, the construction of fabs, the manufacturing of semiconductor products, the design, development, manufacturing and assembly, distribution and sale of servers and other types of computers, and the design, development, manufacturing, distribution and sale of high end switches and routers.
Mr. Berger is admitted to practice in California, and is registered to practice in Japan as a Gaikokuho-Jimu-Bengoshi.
- Facebook in structuring and negotiating agreements covering the development, manufacture, and supply of customized servers and server components for Facebook’s data centers around the world. The firm tied for first place as the most innovative law firm in the Technology, Media, and Telecoms category for its work on this transaction by the Financial Times U.S. Innovative Lawyers Report 2011.
- China Media Capital in connection with its US$350 million joint venture with DreamWorks Animation, a leading U.S. animation company, to create Oriental DreamWorks, a new animation company that will focus primarily on creating original film and television animation content for China and the rest of the world. The joint venture is positioned to be the leading China-focused family entertainment company and is one of the largest international investment projects in China.
- Samsung Electronics in connection with its acquisition of U.K. listed CSR plc's mobile connectivity and location technology as well as certain relevant patents including a license to patents and intellectual property for Bluetooth, Wi-Fi and GPS.
- Samsung Electronics in the US$1.4 billion sale of its hard disk drive (HDD) business to Seagate Technology, a NASDAQ-listed manufacturer of HDD and storage solutions, and extending and enhancing the existing patent cross-license agreement between the companies. This transaction was awarded “M&A Deal of the Year 2011” by ASIAN-MENA COUNSEL and “Matter of the Year 2011” by Global Competition Review.
- Samsung Electronics in its acquisition of Nanoradio AB, a developer of ultra-low-power wireless LAn chipsets for high-speed wireless access in mobile phones based in Sweden.
- Softbank in the development and implementation of its over-the-Internet TV network, including securing content rights and in its joint venture with Broadcast.com in Japan, including securing content rights for the Japanese market.
- Seiko Epson in its US$1 billion licensing, joint development, manufacturing and joint commercialization deal with Infineon for a new generation "system on a chip" for mobile phones. The chip integrated four bands of cellular RF, WiFi, Bluetooth, and GPS into a single die.
- A major memory company in the acquisition of another major memory company, including the re-negotiation of patent cross-licenses and negotiation of licensing, joint development, and foundry manufacturing agreements.
- Toshiba in its strategic foundry agreement with Xilinx, under which Toshiba manufactures FPGA semiconductor products for Xilinx.
- Fujitsu in its strategic alliance with Cisco for the design, development, supply, distribution and sale of high end switches and routers.
- Toshiba in its agreement with a major notebook ODM for the development of new line of notebook computers.
- Fujitsu in its strategic alliance agreement and related agreements with Sun Microsystems, covering the joint development and subsequent purchase, sale and worldwide distribution of servers and server products; Fujitsu’s manufacture and sale to Sun of CPUs, ASICs and other semiconductor products; and the re-negotiation of Solaris licenses.
- One of the leading ATE systems vendors in the development and front- and back-end manufacturing of a custom ASIC chip.
- A major fabless semiconductor company in outsourcing its front-end manufacturing, and in re-negotiating its back-end manufacturing services agreements with all of its back-end vendors.
- NEC Electronics in entering into IBM’s consortium for the licensing and development of advanced semiconductor manufacturing process technology.
- Sony in its multi-billion dollar joint venture with IBM for the development of the "Cell" semiconductor chip and the development of a next generation process technology to manufacture the Cell Chip, including the US$365 million investment by Sony into IBM’s Fishkill fab.
- Hitachi in its US$2 billion acquisition of IBM's hard disk drive business, including a major semiconductor development and manufacturing agreement and a hard drive requirements supply agreement with IBM.
- Chartered Semiconductor in its joint venture with IBM for the development of a next generation process technology and sharing of semiconductor manufacturing capacity.
- A prominent semiconductor design and manufacturing company in the licensing, joint development and front- and back-end manufacturing of a semiconductor product for space and military applications.
- Think Outside, Inc., an ODM of handheld electronic devices, in its agreement with a major OEM for the custom design and manufacturing of a new PDA.
- Toshiba in the licensing of its patent portfolio and other technology, the negotiation of a joint research and collaboration agreement, and other aspects of its strategic partnership with Antara Biosciences for the development and commercialization of Toshiba’s DNA chip business in the U.S.
- Dong-A Pharmaceutical, a leading Korean pharmaceutical company, in its strategic alliance with Meiji Seika Pharma, a Japanese pharmaceutical company, to develop, manufacture, market and sell biosimilar pharmaceutical products, including through the construction of a manufacturing facility in Songdo, Korea.
- Dong-A Pharmaceutical in its US$125 million equity investment in and the structuring and organization of its strategic alliance with GlaxoSmithKline. This transaction is one of the largest and most comprehensive collaborations in the history of the Korean pharmaceutical industry and was commended as one of the “Most Innovative M&A Deals 2010” by Financial Times US Innovative Lawyers Report 2010.