Matthew M. D'Amore

Partner

New York, (212) 468-8168

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Education

Cornell University (B.S., 1991)
;
Yale Law School (J.D., 1994)

Practices

Patent Litigation

Intellectual Property Litigation

Electronics

Bar Admissions

New York
U.S. Patent & Trademark Office

Clerkships

Hon. Charles P. Sifton, U.S. District Court, E.D. New York (1994-1995)

Matthew D’Amore is a partner in the firm’s Intellectual Property Group, advising clients in a broad range of technical areas. In the pharmaceutical field, Mr. D’Amore advises and represents clients in resolution of complex IP disputes, including Hatch-Waxman litigation, and patent licensing. He also represents clients in patent litigations involving medical devices, biotechnology, Internet technology, business methods, software design, interactive television, electronics, semiconductors, manufacturing, and financial services.

Mr. D’Amore has taken cases from pre-complaint investigation to trials and appeals. He has litigated matters across the United States, before the U.S. International Trade Commission, and in the U.S. Court of Appeals for the Federal Circuit. He is also admitted to practice before the U.S. Patent and Trademark Office.

In addition, Mr. D’Amore has an active pro bono practice, representing children denied special education services or illegally discharged from school. He has contributed to published scientific articles in molecular biology and national environmental policy, and has also contributed to the Encyclopedia of the Environment.

He received his B.S., with distinction, in biology and society from the Cornell University College of Agriculture and Life Sciences and received his J.D. from Yale Law School. Before joining Morrison & Foerster, he served a one-year term as law clerk to the Honorable Charles P. Sifton, then Chief Judge of the U.S. District Court for the Eastern District of New York.

Since 2007, Mr. D’Amore has served as an Adjunct Professor at Cornell Law School teaching pretrial litigation and strategy.

Anvik v. Nikon

(Southern District of New York). Representing Nikon against patent infringement claims regarding microlithography machines used in fabrication of consumer electronic devices.

Nikon Metrology/Faro

(District of Massachusetts). Represented Nikon Metrology in a week-long bench trial and a two-week jury trial in a patent case involving laser line scanner and articulated arm metrology solutions.

Hospira v. Sandoz

(District of New Jersey). Defended Sandoz in a two-week trial under the Hatch-Waxman Act challenging patents covering the ICU sedative Precedex.

Zoëtics Inc. et al. v. Yahoo! Inc.

(District of Delaware). Represented Yahoo! in this patent case involving anti-spam techniques for email software.

Bascom Global Internet Services, Inc. v. AOL LLC and Yahoo! Inc.

(Eastern District of New York). Defended Yahoo! in this patent case involving internet parental controls.

Korszun v. Public Technologies Multimedia

(District of Connecticut, Court of Appeals for the Federal Circuit). Represented PTM, Mattel, Lands’ End, and J.C. Penney in defense of a software patent case, securing summary judgment of non-infringement, and briefed and argued the appeal resulting in summary affirmance of the judgment below.

Software A.G., et al. v. BEA Software, Inc.

(District of Delaware). Represented BEA Systems in multi-office and multi-jurisdictional efforts against Software A.G., including the defense of an action for patent infringement in the District of Delaware, the assertion of infringement claims against Software A.G. in the Northern District of Virginia, and the initiation of reexamination proceedings before the United States Patent and Trademark Office, leading to a settlement of all litigation on the eve of trial.

In re Set-Top Boxes and Components Thereof

(International Trade Commission, 337-TA-454). Part of multi-office team representing EchoStar, securing ITC determination finding no Section 337 violation, affirmed in part by the Federal Circuit.

Becton Dickinson & Co., Inc., et al. v. Omron Healthcare, Inc.

(District of Delaware). Defended Omron Healthcare in a patent case involving infrared ear thermometers, obtaining a motion to dismiss the complaint for lack of standing, which lead to a settlement shortly thereafter.

Weisman v. Omron Healthcare, Inc.

(Northern District of Illinois). Defended Omron Healthcare in a patent case relating to electronic blood pressure monitors, securing a favorable judgment after a bench trial on Omron’s defense of laches.

In re IPO Securities Litigation

(Southern District of New York). Represented 40 companies in consolidated securities litigation; Morrison & Foerster acted as liaison counsel for 300 companies and 1000+ individuals.

Bassin, et al. v. Decode Genetics, Inc., et al.

(Southern District of New York). Represented biotechnology company in securities litigation, resulting in dismissal of securities and derivative actions against the company.

D.S., et al. v. New York City Dept. of Ed., et al.

(Eastern District of New York). Represented a class of students improperly placed on shortened schedules or illegally discharged from a public high school in Brooklyn; achieved a settlement involving injunctive relief, compensatory education, and ongoing monitoring.

Ruiz v. Pedota, et al.

(Eastern District of New York). Represented (with Advocates for Children) a class of students illegally discharged or transferred from a public high school in Brooklyn; achieved a comprehensive settlement requiring notice to thousands of students and procedures to allow them to return to school.