Skip to main content

Matthew C. Hurley

Member / Chair, Intellectual Property Litigation Practice

[email protected]



Matt is the Section Manager for the Intellectual Property Section at Mintz. The primary focus of Matt’s practice is the representation of life sciences companies in disputes involving collaboration agreements, patent licenses, supplier agreements, and distribution contracts. Matt has a deep understanding of the legal and business issues that arise in the life sciences industry and has successfully represented clients in litigation over research, development, commercialization, licensing, royalties, and distribution. Matt also represents companies in patent, trademark, copyright, and other intellectual property disputes, and in the past, he has handled litigation over real property, employment-related disputes, and bankruptcy court litigation. He also frequently counsels clients on ways to avoid litigation.

In his capacity as the Section Manager for the Intellectual Property Section, Matt manages over 115 attorneys and Technical Specialists in six offices across the US and in London. His responsibilities include strategic planning, marketing, hiring, personnel management, professional development, performance assessment, work allocation, budgeting, and financial analysis and management.

Earlier in his career, Matt served as a special assistant district attorney in the Middlesex County District Attorney’s Office as part of a firm-sponsored program. During his time in the DA’s office, Matt prosecuted over 100 criminal matters, tried 12 jury cases to verdict, and handled numerous bench trials.

Before attending law school, Matt was a Surface Warfare Officer in the US Navy. He was awarded the Navy Commendation Medal and the Navy Achievement Medal for exemplary performance of his duties while serving on a guided-missile cruiser during Operation Desert Storm.


  • Fordham University (JD)
  • College of the Holy Cross (BA)


  • Obtained defense verdict as lead trial counsel in federal court jury trial involving allegations of fraud, breach of contract, and breach of fiduciary duty, among others. Azco Biotech, Inc. v. Intelligent Bio-Systems, Inc., 12-cv-2599-BEN, U.S. Dist. Ct. (S.D. Cal.). Plaintiff, a former distributor of our client’s next generation sequencing (NGS) machines, filed an 18-count, $100 million complaint against our client in 2012.  Following extensive discovery, we persuaded the court to narrow the case to a single breach of contract claim. The jury returned a unanimous verdict in our client’s favor following a week-long trial in December 2015.
  • Achieved complete victory as lead trial counsel for an international life sciences company in an arbitration initiated by one of the company’s top suppliers. Following extensive discovery and a two-week evidentiary hearing, a panel of three arbitrators unanimously rejected the supplier’s $12 million breach of contract claim and entered judgment for our client on its counterclaim in a total amount exceeding $2 million, including recovery of our client’s attorneys’ fees and costs. 
  • Earned victory for a biotechnology company in an arbitration involving a multibillion-dollar drug development collaboration. A panel of three retired federal judges ruled in our client’s favor following a two-week hearing, a victory that established our client’s right to co-develop one of the world’s largest-selling cancer drugs.
  • Obtained favorable settlement on behalf of a molecular diagnostics company in a dispute with one of the world’s largest pharmaceutical companies over the right to distribute a companion diagnostic kit for use in the oncology market.
  • Successfully represented institutional holders of over $400 million in airport revenue bonds in litigation within the Delta Airlines bankruptcy. The Second Circuit Court of Appeals and US Supreme Court upheld the bankruptcy court’s decision in our clients’ favor. 
  • Obtained summary judgment for our bondholder clients in a dispute with United Airlines, which sought to avoid paying over $260 million in special facility airport revenue bonds as part of its bankruptcy reorganization. The Seventh Circuit Court of Appeals upheld the bankruptcy court’s decision in our clients’ favor. 
  • Persuaded a Massachusetts state court to deny a plaintiff’s motion for preliminary injunction in a software licensing dispute involving a popular computer game. 
  • Convinced federal court to grant summary judgment to a national textbook publisher in a copyright infringement action. 
  • Successfully defended a national printing company against a competitor’s lawsuit seeking to enforce a noncompetition agreement. 
  • Achieved trial and appellate victories for a national hotel chain in a contract dispute with a real estate developer. 
  • Obtained settlement at mediation on behalf of a state university in an environmental cleanup action.

Recognition & Awards

  • Included on the Massachusetts Super Lawyers: Intellectual Property, Business Litigation lists (2014 – 2017, 2019)
  • Navy Achievement Medal for exemplary performance during the Persian Gulf War
  • Navy Commendation Medal for superior performance of duty during a three-year tour on the USS Biddle (CG-34)


  • Member, Boston Bar Association, Massachusetts Bar Association, and American Bar Association
  • Member, Southborough (Mass.) Zoning Board of Appeals (2007 – 2013), (Chairman, 2011 – 2013)
  • Member, Board of Directors, Veteran Legal Services (2012 – 2014)


USPTO Publishes New Rule Governing Privilege for Patent Attorneys and Agents

November 14, 2017 | Blog | By Matthew Hurley, Matthew Galica, Anthony Faillaci

Earlier this week, the United States Patent and Trademark Office (“USPTO”) published a new rule governing when privilege exists for communications between clients and their domestic or foreign patent attorneys and patent agents before the Patent Trial and Appeal Board (“PTAB”).

Patent Litigation Venue: Supreme Court Clarifies Venue Statutes in TC Heartland v. Kraft Foods.

May 24, 2017 | Blog | By Matthew Hurley, Brad M Scheller, Serge Subach

The U.S. Supreme Court announced its ruling in TC Heartland v. Kraft Foods Group Brands LLC on May 22, 2017, a patent infringement case that has garnered national attention for its implications on venue.
On Monday, March 27, 2017, the U.S. Supreme Court heard oral argument in TC Heartland v. Kraft Foods Group Brands LLC, a case that could have a profound impact on where patent infringement cases may be litigated.

Supreme Court to Hear Patent Venue Case

December 15, 2016 | Blog | By Matthew Hurley, Brad M Scheller

The plot just thickened in the long-running debate over where patent cases should be litigated.

Patent-Agent Privilege and the USPTO’s Proposed New Rule

November 1, 2016 | Blog | By Matthew Hurley, Matthew Galica, Anthony Faillaci

Several recent court decisions have shed light on the patent agent privilege, and now the U.S. Patent and Trademark Office (USPTO) is seeking to weigh-in on the issue.

William B. Kezer Joins Mintz's IP Practice

February 29, 2016 | Blog | By Michael Renaud, Matthew Hurley

We are excited to announce the arrival of Bill Kezer, PhD, the newest Member in our Intellectual Property Practice. Bill joins our team in San Francisco, where he deepens our bench in the chemical and pharmaceutical spaces.
The Federal Circuit recently denied en banc review of its prior decision dismissing a patent infringement suit where a co-owner of the patent-in-suit refused to join the case voluntarily and the court held that it could not force the co-owner to join the suit involuntarily.



G2: Beyond "Alternative Dispute Resolution"

Association of University Technology Managers

San Diego, CA