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Education
  • University of California, Berkeley (A.B.,1987)
  • Harvard Law School (J.D.,1990)


Bar Admissions
Admitted only in
  • California
  • U.S. Patent & Trademark Office

Matthew I. Kreeger Matthew I. Kreeger

Partner
Primary Office: San Francisco

Email: mkreeger@mofo.com
Phone: (415) 268-6467
Fax: (415) 268-7522

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Mr. Kreeger received an A.B. degree with highest distinction in mathematics from the University of California at Berkeley in 1987. He received a J.D. magna cum laude from Harvard University in 1990. Following graduation, Mr. Kreeger served as a law clerk to the Honorable Judith Rogers, District of Columbia Court of Appeals. He joined Morrison & Foerster’s litigation department in 1991, and became a partner in 1998.

Mr. Kreeger has focused on complex litigation matters, with an emphasis on patent litigation and interference matters, along with other intellectual property disputes. He has served as lead or co-lead counsel in several patent interferences, and is the co-chair of the firm’s patent interference practice group. Mr. Kreeger also frequently advises clients on patent prosecution and pre-litigation strategy issues.

Mr. Kreeger also has represented clients in disability access cases, including the National Federal for the Blind against Target Corp. case. In the Target case, which recently settled, the plaintiffs alleged that Target violated the Americans with Disabilities Act and California state law by maintaining a web site that was not accessible to blind users.

Other significant matters include:

  • Chang v. Luciw
    Mr. Kreeger served as co-lead counsel and successfully argued the final hearing before the Board of Patent Appeals and Interferences in a major interference involving a blood screening diagnostic for HIV. The PTO issued a 122 page opinion in the client’s favor.
  • In re Acacia Media Technologies Corp.
    Mr. Kreeger represents Echostar in this patent infringement litigation involving distributed audio/video information.
  • Cantor v. Zahradnik
    Mr. Kreeger serves as lead counsel for Scantibodies Laboratory, Inc. in this interference over a test used to measure levels of pituitary thyroid hormone. The case is ongoing.
  • France Telecom v. Novell
    Mr. Kreeger represented Novell in a successful defense of patent infringement suit by France Telecom. The case was voluntarily dismissed by the plaintiff after a favorable claim construction.
  • Ruelle v. Scarlato
    Mr. Kreeger serves as lead counsel for Novartis in this interference involving antigens used in vaccines to protect against bacterial meningitis. The case is ongoing.
  • Novartis v. NIH; Novartis v. Institut Pasteur
    Mr. Kreeger serves as co-lead counsel for Novartis in these related interferences involving nucleic acid tests for HIV. The cases are currently on appeal in D.C. District court under 35 U.S.C. § 146.
  • Bayer v. Enzo
    Mr. Kreeger serves as lead counsel for Bayer Healthcare LLC in a patent interference against Enzo Life Sciences, concerning technology for nucleic acid hybridization assays.
  • Reddy v. Johnson: Mr. Kreeger serves as lead counsel in this patent interference over porcine adenovirus vectors.
  • Bronshtein v. Roser: Mr. Kreeger served as lead counsel in this interference relating to methods of forming stable foams to store biologically active materials. After the Board gave a favorable ruling on an early preliminary motion, the case settled on favorable terms.
  • Gregory v. Tsui: Mr. Kreeger served as lead counsel before the Patent Office in this patent interference relating to cystic fibrosis regulatory protein, and argued the appeal before the Federal Circuit. A PTO decision in the client’s favor was summarily affirmed by the Federal Circuit.
  • Celltech v. Genentech: Celltech and Genentech had a lengthy interference dispute over basic antibody expression patents. Mr. Kreeger represented Celltech in the litigation over the appeal of the interference decision, resulting in a favorable settlement.
  • Chiron Corporation v. Genentech: Mr. Kreeger represented Chiron in a protracted dispute with Genentech over a method for inducing baker’s yeast to secrete human insulin-like growth factor. After a two-week court trial, and two appellate decisions, the Federal Circuit confirmed that Chiron inventors were entitled to priority. 220 F.3d 1345 (2000).
  • Varian v. Novellus: Mr. Kreeger represented Novellus in a successful arbitration over a purchase price adjustment resulting from Novellus’s acquisition of Varian’s Thin Films Systems.
  • Chiron Corporation v. Abbott Laboratories: Mr. Kreeger served on the trial team representing Chiron in an infringement action against Abbott concerning immunoassays and DNA probes. Reported decisions arising from that litigation can be found at 156 F.R.D. 219 (N.D. Cal. 1994) and 902 F. Supp. 1103 (N.D. Cal. 1995).

Mr. Kreeger also has over ten years of experience as a consultant in software design and development. He has programmed in C, C++, Pascal, and assembly language, and has developed data analysis and instrument control programs for chemical instrumentation companies.