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Brian D. Matty

Brian D. Matty

Partner, New York
PHONE: 212-808-2947 FAX: 212-351-3401
Brian Matty’s practice focuses on intellectual property disputes in federal courts and at the Patent Trial and Appeal Board.  He has represented clients in cases relating to a wide range of technologies, including diagnostic genetic testing, catheter technologies, robotic endoscopy, neurostimulation, wireless communications, and media distribution networks.

Mr. Matty is a trial lawyer with extensive experience in all aspects of patent litigation.  He was a key member of the team that represented IBM in its first jury trial as a patentee in decades.  During the trial, Mr. Matty conducted the examination of an IBM licensing executive.  The trial ended in an $82.5 million jury verdict finding all four IBM patents valid and willfully infringed.
 
Mr. Matty is also a registered attorney at the US Patent Office and helps clients navigate post-grant proceedings, including inter partes reviews at the Patent Trial and Appeal Board.  As lead counsel, Mr. Matty has led the defense of Ravgen’s patents against a series of ten inter partes review petitions filed by some of the largest diagnostic testing companies in the country.  All ten IPRs have concluded with all claims of Ravgen's patents upheld.  The Ravgen patents Mr. Matty defended have also been asserted in district court, with the Desmarais LLP team securing a $272.5 million jury verdict against LabCorp.

Mr. Matty also assists clients with offensive and defensive pre-suit investigations and patent assertion strategy.  Mr. Matty has extensive experience advising clients in patent licensing and settlement negotiations, and he regularly advises clients on developing and maintaining patent portfolios.

Prior to joining Desmarais LLP, Mr. Matty was a patent agent and associate at Ropes & Gray, where he gained significant experience in patent prosecution and managing large patent portfolios before focusing on patent litigation.  Mr. Matty is also a named inventor on U.S. Patent No. 8,496,655, which covers a catheter-based medical device for removing heart valves during minimally-invasive heart surgery.

Prior Experience:

  • Associate, Ropes & Gray LLP, 2014-2016
  • Patent Agent, Ropes & Gray LLP, 2009-2014

Other Distinctions

  • New York Metro Rising Star (2018-2023)

Memberships and Affiliations:

  • New York State Bar
  • Massachusetts State Bar

Courts

  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the District of Massachusetts
  • United States Court of Appeals for the Federal Circuit

 

 


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Representative Matters

  • Represents Ravgen in multiple patent litigations and inter partes reviews against Labcorp, Natera, Quest, Illumina, Roche, Foundation Medicine, Myriad, and Progenity.  Secured decisions upholding all claims of Ravgen’s patents that were challenged in ten separate inter partes reviews.
  • Represented IBM in patent litigation against Groupon that resulted in an $82.5 million jury verdict finding all four IBM patents at issue valid and willfully infringed.  Participated in all aspects of the case, including successfully arguing claim construction and summary judgment issues.  Conducted direct examination of an IBM licensing executive at trial.
  • Represented IBM against Expedia, Hotwire, Orbitz, Traelocity, Homeaway, and Hotels.com in multiple patent litigation cases concerning web technology and e-commerce.  Overcame repeated challenges to IBM’s patents in district court and before the Patent Trial and Appeal Board before obtaining a favorable settlement.
  • Represented IBM in patent litigation against Priceline, OpenTable, and Kayak concerning web technology and e-commerce patents.  Defeated repeated challenges to IBM’s patents in district court and at the Patent Trial and Appeal Board before obtaining a favorable settlement.
  • Represented a leading consumer electronics company in patent infringement litigation involving location-based services software.
  • Represented LifeCell Corporation against TELA Bio, Inc. in patent infringement and trade secret cases involving reconstructive tissue matrix products.  
  • Represented Double Down Interactive LLC, a subsidiary of International Game Technology, in litigation involving patents directed to electronic gaming.

News & Publications

EDUCATION

Fordham University School of Law, J.D., 2014

University of Michigan, M.S.E., Biomedical Engineering, 2009

University of Michigan, B.S.E., Biomedical Engineering, 2008, magna cum laude
 

ADMISSIONS

2012, United States Patent and Trademark Office

2014, Massachusetts

2016, New York
 

OFFICES