“The ability to immerse yourself in the science of your clients’ innovations is non-negotiable.
Matthew protects his clients’ intellectual property and defends his clients wrongly accused of infringement. His hearing and trial experience is extensive. Whether exploring complex technical issues regarding a biologic drug, or digging into the finer points of patent law, he excels at keeping his opponents on their toes. Intellectual Asset Management 1000 remarked that Matthew is “a skilled technical lawyer and brief writer who can handle large and nuanced cases.” He has litigated patent matters in many of the top patent venues throughout the United States, including the District Courts of California, Texas, Delaware, and New Jersey, the Federal Circuit, and the International Trade Commission.
Life sciences clients often rely on Matthew’s extensive technical experience and his ability to grasp complex and cutting-edge issues quickly. His work in this area includes proceedings involving monoclonal antibodies, antibody-drug conjugates, small molecule inhibitors, vaccines, nutritional supplements, bioimplants, 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 and Hatch-Waxman Act matters.
Matthew is a registered patent attorney, and his considerable experience includes practicing before the United States Patent and Trademark Office, especially in inter partes and post-grant review proceedings. 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. In addition to life sciences matters, Matthew 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. He clerked for Chief Judge James Ware (ret.) of the Northern District of California from 2007 to 2008. Before law school, Matthew received a Bachelor of Science in molecular biology.
Experience
Obtained a complete win for Seagen of willful infringement, no invalidity, and all requested damages in a jury trial involving antibody-drug conjugate technology.
Lead counsel for the University of California and Evolve BioSystems in a patent case involving probiotic supplements for use with preterm infants.
Lead counsel for Driscoll’s in a dispute regarding strawberry breeding and plant patent rights.
Lead counsel for Bayer in trade secret misappropriation case involving biofungicide products. Case settled on favorable terms.
Trial counsel for the University of California in a dispute regarding strawberry breeding and plant patent rights. Obtained a 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 was affirmed on appeal.
Obtained summary judgment of non-infringement for Genentech in a case involving a patent directed to breast cancer treatments and a $1.7 million fee award. Affirmed on appeal.
Defended the validity of patents protecting one of Genentech’s blockbuster breast cancer therapeutics. Board declined to grant review on one patent after a preliminary response was filed. Board later issued a Final Written Decision rejecting the petitioner’s grounds for unpatentability on the other patent. 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.