Matthew Chivvis is a partner in the firm’s Intellectual Property Group, where he represents high-tech, Internet, and life sciences companies in a variety of matters. Though his practice focuses on intellectual property litigation in federal and state courts, he also regularly consults clients on plant intellectual property matters, including strategic use of plant and utility patents, plant-variety protection certificates, and trademark rights. Mr. Chivvis has also represented clients in drug-pricing cases and pro bono clients in civil rights cases.
Mr. Chivvis has litigated patent matters in many of the top patent venues throughout the U.S., including the Northern and Central Districts of California, the Eastern District of Texas, the District of Delaware, the Federal Circuit, and the International Trade Commission. In his federal court practice, Mr. Chivvis has argued motions, examined expert witnesses (both at trial and at deposition), and given closing arguments. He has litigated a number of state court matters as well and is familiar with California’s complex-case litigation procedures. Moreover, Mr. Chivvis has considerable experience practicing before the United States Patent and Trademark Office, especially in patent reexamination and review proceedings. He was named a “Rising Star” by Super Lawyers in 2014 and 2015.
In his life sciences practice, clients often rely on Mr. Chivvis for his deep technical expertise, and his ability to grasp complex and cutting-edge issues quickly. His life sciences work has included litigation, pre-litigation, and inter partes review proceedings involving monoclonal antibodies, protein conjugates, vaccines, biosorbable implants, drug-eluting stents, blood glucose monitoring devices, and plant genetics. Mr. Chivvis also has a background in software, and has assisted clients in cases involving Internet firewall, network security, virtualization, smart phone, interactive television, website, and display technologies.
Mr. Chivvis earned his J.D. magna cum laude from the University of San Francisco School of Law, where he was a member of the executive board of the University of San Francisco Law Review and the sole recipient of the Academic Excellence Award for superior scholastic achievement in his graduating class. Before law school, Mr. Chivvis received a degree in molecular biology from the University of Wyoming. While there, he performed research funded by the National Science Foundation and the Department of Energy in the fields of computer science, bioinformatics, and cell metabolism.
Before joining Morrison & Foerster, Mr. Chivvis clerked for former Chief Judge James Ware of the Northern District of California.
Mr. Chivvis is registered to practice before the United States Patent and Trademark Office.
Arch Development Corp. v. Genentech, Inc.
(Northern District of Illinois). Representing Genentech in suit involving patent directed to tyrosine kinase inhibitor combination therapies.
Phigenix, Inc. v. Genentech, Inc.
(Northern District of California). Representing Genentech in case involving patent directed to breast cancer treatments.
Finjan, Inc. v. Palo Alto Networks, Inc.
(Northern District of California and Patent Trial and Appeal Board). Representing Palo Alto Networks in ten-patent suit involving network security technology.
Media Queue, L.L.C. v. Netflix, Inc.
(Northern District of California and Federal Circuit). Representing Netflix in case involving patent on queue-management features. Secured early summary judgment for Netflix. Currently on appeal.
Waugh v. Doyle, et al.
(Northern District of California). Represented plaintiff in civil rights lawsuit. Court entered substantial monetary judgment in plaintiff’s favor prior to trial.
Personalized Media Communications, L.L.C. v. EchoStar Corp. and DISH Network Corp.
(Eastern District of Texas and Federal Circuit). Represented EchoStar and DISH in case involving analog and digital television technology. Case settled on favorable terms after plaintiff failed to get evidence excluded with pretrial motions.
Phigenix, Inc. v. Genentech, Inc. and ImmunoGen, Inc.
(Patent Trial and Appeal Board). Represented Genentech in defending validity of patents protecting one of Genentech’s blockbuster breast cancer therapeutics. Board declined to grant review on one patent after preliminary response was filed. Board later issued a Final Written Decision rejecting petitioner’s grounds for unpatentability on the other.
Focal Therapeutics, Inc. v. Senorx, Inc.
(Patent Trial and Appeal Board). Represented Focal in review of patented methods relating to the treatment of breast cancer. Case settled on favorable terms.
California Strawberry Commission v. Regents of the University of California
(California Superior Court and Northern District of California). Represented the University of California in case involving research agreements for the breeding and development of strawberry cultivars. Removed to federal court under the AIA on the basis of patent infringement counterclaims. Case settled on favorable terms following removal.
Ronald A. Katz Tech. Licensing, L.P. v. EchoStar Satellite L.L.C.
(Northern and Central Districts of California). Represented EchoStar in multidistrict litigation involving interactive voice response patents. Most of the claims asserted against EchoStar were found invalid or not-infringed on summary judgment. Case settled after summary judgment on favorable terms.
Juniper Networks, Inc. v. Palo Alto Networks, Inc. and Palo Alto Networks, Inc. v. Juniper Networks, Inc.
(District of Delaware, Northern District of California, and Patent Trial and Appeal Board). Represented Palo Alto Networks in patent suits and review proceedings involving network firewall and router technology. Secured a mistrial in our client’s favor in Delaware. Cases settled after trial on favorable terms.
Williams v. Williams
(Northern District of California). Trial counsel for plaintiff in civil rights lawsuit. Currently on appeal.
In re Certain Mobile Electronic Devices Incorporating Haptics
(International Trade Commission). Represented Immersion in asserting patents covering haptic technologies against Motorola and HTC. Case settled on favorable terms.
Enriquez v. City of Fresno
(Eastern District of California). Represented plaintiff in civil rights case where jury found Fresno liable for wrongful death. Case settled on favorable terms following jury verdict.
Northpoint Tech., Ltd. v. EchoStar Tech. L.L.C. and DISH Network L.L.C.
(Western District of Texas and Federal Circuit). Secured summary judgment for EchoStar and DISH in case involving satellite television reception equipment. Affirmed on appeal.
Soverain Software, Inc. v. Shutterfly, Inc.
(Eastern District of Texas). Represented Shutterfly in infringement suit involving e-commerce patents. Case settled on favorable terms.
Hitachi Plasma Patent Licensing Co., Ltd. v. LG Electronics, Inc.
(Eastern District of Texas). Represented HPPL in asserting patents relating to plasma display panel technology. Case settled on favorable terms.