Hershy Stern’s practice focuses on intellectual property and complex commercial litigation. He represents some of the largest pharmaceutical companies in the world in Hatch-Waxman patent infringement actions. He also represents some of the largest technology companies, including Google, LG and Verizon, on matters concerning, among other things, patent infringement, trade secrets and antitrust. These matters involve a wide range of technologies, including the Internet, computer software, mobile devices, microprocessors and telecommunications.
Hershy also regularly represents large and small private and public entities in complex commercial disputes concerning health care, real estate, partnership and corporate disputes, securities fraud, breach of contracts, licensing and indemnity agreements, fraudulent conveyances and employment.
Hershy has a technical background, and earned degrees in computer science and business information systems.
Hershy is regularly recognized as a Rising Star by New York Metro Super Lawyers.
- Zydus and Cadila Healthcare in a Hatch-Waxman patent infringement action involving a generic version of IMBRUVICA®.
- Zydus in two Hatch-Waxman patent infringement actions involving a generic version of INVOKANA® and INVOKAMET®.
- Google in successfully securing a complete dismissal in a six-patent infringement case brought by Data Engine Technologies in the District of Delaware. Data Engine alleged that Google Sheets infringed patents which purportedly covered the Quattro Pro for Windows® spreadsheet program sold by Borland Software Corporation in the 1990s. The court found that the asserted claims were directed to patent-ineligible subject matter and thus invalid, and granted Google’s motion to dismiss.
- Google in a significant and rarely achieved victory for patent action defendants involving a motion to transfer venue of Ryujin Fujinomaki vs. Google Inc., et al. from the Eastern District of Texas to the Northern District of California. The decision also permitted Kasowitz clients Motorola, LG and ASUS to join in the motion. The complaint in the action alleges that certain lock features, including Google’s Smart Lock feature, in defendants’ Android-based smartphones and wearables infringed Fujinomaki’s patent. It is very rare for defendants like Google to win motions to transfer venue from Texas to California.
- LG in a four-patent infringement case involving USB chargers in the Eastern District of Texas. Plaintiff Fundamental Innovation Systems licensed the patents-in-suit from Blackberry, and assert infringement against several high-profile companies, including Huawei and ZTE.
- Verizon in patent infringement matters involving cellular and wireless communication technology hand-offs and interactive media guides.
Complex Commercial Litigation
- MatlinPatterson, a global asset manager, and certain principals, in securing the dismissal of $123 million breach of fiduciary duty claims brought by a minority shareholder of portfolio company DuCool. The minority shareholder had alleged that our clients, including directors and officers of DuCool, had breached their fiduciary duties in managing the company, diluting the plaintiff’s equity interest.
- Teva Pharmaceuticals, and its US subsidiary Actavis, in defense of antitrust actions commenced by the State Attorneys General for 48 states, 28 civil antitrust class actions and multiple direct actions.
- Skilled nursing facilities in a breach of contract action relating to an alleged agreement concerning the supply of pharmaceuticals to its residents, as well as a breach of contract action relating to service agreements.
- Real estate brokerage firm in defense of claims relating to a breach of restrictive covenants of an employment agreement.
- The Federal Housing Finance Agency, as conservator for Fannie Mae and Freddie Mac, in actions in federal and state courts against numerous financial institutions and individuals. The lawsuits sought rescission or damages from the banks for, among other things, their misrepresentations concerning pools of mortgage loans that underlie residential mortgage-backed securities the banks issued, securitized and sold to Fannie Mae and Freddie Mac. After prevailing on critical pre-trial issues, FHFA settled the actions brought by Kasowitz for over $2 billion, including a $1.25 billion settlement with Morgan Stanley.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s 2009 corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. In March 2013, after a several week trial, the New York Supreme Court ruled in favor of MBIA, upholding MBIA’s restructuring.
- Advanced Micro Devices in an antitrust suit and domestic regulatory investigations involving Intel, leading to a $1.25 billion settlement in favor of the client.