“ The ability to immerse yourself in the science of your clients’ innovations is non-negotiable.
Matthew protects his life sciences and high-tech clients’ intellectual property and defends his clients wrongly accused of infringement. His hearing and trial experience is extensive. Although his practice focuses on intellectual property litigation in federal and state courts, he also regularly advises clients on plant and agriculture intellectual property matters, including strategic use of plant patents, plant-variety protection certificates, and trademark rights. Matthew also has represented life sciences clients in drug-pricing and False Claims Act cases and pro bono clients in civil rights cases.
Matthew has litigated patent matters in many of the top patent venues throughout the U.S., including the Northern and Central Districts of California, Eastern District of Texas, District of Delaware, District of New Jersey, Federal Circuit, and the International Trade Commission. He routinely argues motions and examines fact and expert witnesses, and has given closing arguments in federal court. Matthew has also litigated a number of state court matters, and is familiar with California’s complex case litigation procedures. His considerable experience includes practicing before the United States Patent and Trademark Office, especially in patent reexamination and inter partes review proceedings. Matthew has been named a “Rising Star” by Super Lawyers each year from 2014 through 2019.
Life sciences clients often rely on Matthew’s deep technical experience and his ability to grasp complex and cutting-edge issues quickly. His work in this area has included litigation, pre-litigation, and inter partes review proceedings involving monoclonal antibodies, immunoconjugates, vaccines, nutritional supplements, bioabsorbable implants, drug-eluting stents, blood glucose monitoring devices, plant genetics, and animal husbandry. He knows the ins and outs of the “patent dance” in Biologics Price Competition and Innovation Act (BPCIA) proceedings, and has advised clients on successful strategies for engaging in multi-phased BPCIA litigation.
Matthew’s practice is not limited to the life sciences. He has litigated cases involving internet firewalls, network security, virtualization, smartphone, interactive television, website, and display technologies.
Matthew graduated from law school magna cum laude and was presented with the Academic Excellence Award for his graduating class. Before law school, Matthew 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 computer science, bioinformatics, and cell metabolism.
Matthew clerked for former Chief Judge James Ware of the Northern District of California from 2007 to 2008.
He is registered to practice before the United States Patent and Trademark Office.
16 Jan 2020 - 13 Feb 2020
15 Aug 2019
24 Sep 2018
Lead counsel for the University of California and Evolve BioSystems in patent case involving probiotic supplements for use with preterm infants.
Lead counsel for Driscoll’s in dispute regarding strawberry breeding and plant patent rights.
Lead counsel for Bayer in trade secret misappropriation case involving biofungicide products.
Trial counsel for the University of California in dispute regarding strawberry breeding and plant patent rights. Obtained jury verdict in client's favor of conversion and patent infringement by defendants.
Represented Genentech in district court and inter partes review proceedings involving patent directed to tyrosine kinase inhibitor combination therapies. Board determination in Genentech’s favor affirmed on appeal.
Obtained summary judgment of non-infringement for Genentech in case involving patent directed to breast cancer treatments and $1.7 million fee award. Affirmed on appeal.
Representing Palo Alto Networks in 10-patent suit involving network security technology.
Secured early summary judgment for Netflix in case involving patent on queue-management features. Secured early summary judgment for Netflix.
Represented plaintiff in civil rights lawsuit. Court entered substantial monetary judgment in plaintiff’s favor prior to trial.
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.
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. Phigenix’s appeal to the Federal Circuit was dismissed for lack of standing.
Represented Focal in review of patented methods relating to the treatment of breast cancer. Case settled on favorable terms.
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.
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.
Represented Palo Alto Networks in patent suits and inter partes 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.
Lead trial counsel for plaintiff in civil rights lawsuit. Case settled following appellate proceedings.
Represented Immersion in asserting patents covering haptic technologies against Motorola and HTC. Case settled on favorable terms.
Represented plaintiff in civil rights case where jury found Fresno liable for wrongful death. Case settled on favorable terms following jury verdict.
Secured summary judgment for EchoStar and DISH in case involving satellite television reception equipment. Affirmed on appeal.
Represented Shutterfly in infringement suit involving e-commerce patents. Case settled on favorable terms.
Represented HPPL in asserting patents relating to plasma display panel technology. Case settled on favorable terms.
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