Matthew A. Ferry

Partner | San Diego

mferry@mofo.com | (858) 314-5437 mferry@mofo.com
(858) 314-5437

Matthew Ferry is a partner in the San Diego office and a member of the firm’s Technology Transactions Group.

Matthew’s practice focuses on strategic transactions involving intellectual property (IP), technology, data, and information assets. He advises clients in a variety of industries, including life sciences, biotechnology, pharmaceuticals, medical devices, artificial intelligence and machine learning, autonomous vehicles, semiconductor devices, distributed software, open-source software, and software as a service.

Leveraging his prior experience as a patent prosecutor and IP litigator, Matthew advises his clients in connection with:

  • Commercial contracts at all stages of technology and product development, including strategic alliances and collaborations, asset sale and purchase agreements, research and development agreements, supply, manufacturing, and distribution agreements, clinical trial agreements, service agreements, and material transfer agreements.
  • Patent and technology license agreements in both industry-to-industry and academic-to-industry settings.
  • IP and commercial contract matters that arise in connection with larger corporate transactions such as mergers and acquisitions and venture capital investments.
  • IP hygiene, including invention assignment agreements and use of open-source software specifically related to startup companies.

In Matthew’s past experience as a patent prosecutor, he handled cases involving patent infringement and invalidity, copyright infringement, and trade secret misappropriation. He also draws on his technical knowledge that he developed in his undergraduate work at University of California, Berkeley, his graduate work at the California Institute of Technology, and his hobbyist scientific pursuits, including in physics, software, microwave instrumentation, and optics.

Matthew also maintains an active pro bono practice representing small business owners and nonprofits in their commercial agreements. Recently, he assisted a low-income entrepreneur in drafting her customer-facing service agreements.

Representative Transactions

Pharmaceuticals

  • Represent public pharmaceutical company in its purchase of three product lines from a Fortune 500 public pharmaceutical company.
  • Represent public pharmaceutical company in its sale of three product lines to private equity-backed purchaser.
  • Represented public pharmaceutical company in numerous patent and technology asset purchases and sales, exclusive licensing arrangements, commercial alliances, and co-promotion agreements.
  • Represented public pharmaceutical company in several patent and technology asset purchases and sales, including its sale of three product lines focused on rare neurological diseases and associated assets to a private purchaser.
  • Represented venture-backed pharmaceutical company focused on treating rare diseases in China in several exclusive license and supply agreements.
  • Represented U.S. academic institution in numerous patent and technology exclusive licensing agreements, sponsored research agreements, option agreements, and term sheet negotiations.
  • Represented nanotherapeutic company in numerous research and collaboration agreements and licensing agreements.

Health Technology

  • Represent medical device startup in its several exclusive patent and technology license agreements with a leading academic institution and its clinical trial agreements.
  • Represent medical device company in its multisite clinical trial agreements.
  • Represented public medical device company in its exclusive license and distribution agreement with global medical device distributor.
  • Represented medical device incubator in its form technology and service agreements, patent license agreement from an academic institution, and sublicense agreements.
  • Represented public medical device company in its patent purchase from an individual physician.
  • Represented a startup company in its gene modification research agreement templates.
  • Represented medical device company in its multi-country distribution agreements.

Patent Transactions

  • Represented global public semiconductor company in its patent license and license-on-transfer agreement with another global public semiconductor company.
  • Represented leading wireless technology company in its patent cross-license with another leading wireless technology company.
  • Represented leading wireless technology company in its form standard essential patent (SEP) licensing agreements and term sheets.

Clean Technology

  • Represent venture-backed clean technology startup in its international collaboration agreements.
  • Represent venture-backed clean technology startup in its technology license and service agreement with international public energy company and other licensees.

On-Premise Software and SaaS

  • Represented private construction lender in its acquisitions of two real estate technology platforms.
  • Represented machine learning and natural language processing software company in its on-premises software and hosted services agreements.
  • Represented SaaS company in its services agreement with leading automobile manufacturers.
  • Represented artificial intelligence-based warehousing software company in its template software license and services agreement.
  • Represented software company in its source code license and services agreement to international software company.

Interactive Entertainment

  • Represented publisher in several game development agreements and content licensing agreements.
  • Represented developer in its publishing and distribution agreements.
  • Advised developer in its renegotiation of its publishing and distribution agreement.

Professional Services

  • Represented numerous professional service providers in their template and negotiated services agreements.

Venture Capital

  • Represented fitness technology startup in its $5.8 million Series A financing.
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