Matthew Chivvis is a partner in the firm’s Intellectual Property Group, representing life sciences and high-tech companies in a variety of matters. Though his practice focuses on intellectual property litigation in federal and state courts, he also regularly advises clients on plant intellectual property matters, including strategic use of plant 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 District of New Jersey, the Federal Circuit, and the International Trade Commission. Mr. Chivvis’ hearing and trial experience is extensive. He routinely argues motions and examines fact and expert witnesses, and has given closing arguments in federal court. 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 expertise practicing before the United States Patent and Trademark Office, especially in patent reexamination and inter partes review proceedings. He has been named a “Rising Star” by Super Lawyers each year from 2014 through 2018.
Life sciences clients often rely on Mr. Chivvis’ 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. 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. Mr. Chivvis also has a background in computer science 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 law review and the recipient of the Academic Excellence Award for his graduating class. He also won the “best oral argument” prize in the Giles Rich moot court competition for the western region. 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.
Mr. Chivvis 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.
The Regents of the University of California v. California Berry Cultivars, L.L.C(California Superior Court and Northern District of California). 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.
Arch Development Corp. v. Genentech, Inc.(Northern District of Illinois, Patent Trial and Appeal Board, and Federal Circuit). Representing Genentech in district court and inter partes review proceedings involving patent directed to tyrosine kinase inhibitor combination therapies. Board determination in Genentech's favor is currently on appeal.
Phigenix, Inc. v. Genentech, Inc.(Northern District of California and Federal Circuit). Obtained summary judgment of non-infringement for Genentech in case involving patent directed to breast cancer treatments. Currently pending on appeal.
Finjan, Inc. v. Palo Alto Networks, Inc. (Northern District of California and Patent Trial and Appeal Board). Representing Palo Alto Networks in 10-patent suit involving network security technology.
Media Queue, L.L.C. v. Netflix, Inc.
(Northern District of California and Federal Circuit). Secured early summary judgment for Netflix in case involving patent on queue-management features.
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 and Federal Circuit). 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.
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. The 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 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.
Williams v. Williams(Northern District of California). Lead trial counsel for plaintiff in civil rights lawsuit. Case settled following appellate proceeding.
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.
Arch Development Corp. v. Genentech, Inc.(Northern District of Illinois, Patent Trial and Appeal Board, adn Federal Circuit). Representing Genentech in district court and inter partes review proceedings involving patent directed to tyrosine kinase inhibitor combination therapies. Board determination in Genentech's favor is currently on appeal.
Finjan, Inc. v. Palo Alto Networks, Inc.(Northern District of California and Patent Trial and Appeal Board). Representing Palo Alto Networks in 10-patent suit involving network security technology.
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