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Matthew C. Hurley

Member / Chair, Intellectual Property Litigation Practice

[email protected]

+1.617.348.4939

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Matt is Chair of the Intellectual Property Litigation Practice at Mintz. The primary focus of his 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 Chair of the IP Litigation Practice, Matt manages more than 50 attorneys and Technical Specialists in six offices across the US. 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.

Education

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

Experience

  • Obtained nine-figure award for biopharmaceutical company in contract dispute with international pharmaceutical company involving milestone payments under a license and development agreement. Following extensive discovery, briefing, and an evidentiary hearing, the Court of Arbitration of the International Chamber of Commerce awarded our client all requested relief, including attorneys’ fees and expenses, and rejected the respondents’ nine-figure counterclaims in their entirety.  
  • Earned complete victory for an international life sciences company in arbitration filed by former shareholders of company acquired by our client. Seeking over $40 million in damages, the former shareholders alleged that our client had failed to use commercially reasonable efforts to achieve post-closing sales that would have entitled the plaintiffs to additional earn-out payments under a stock purchase agreement. Following discovery, briefing, and evidentiary hearing, the arbitrator rejected the former shareholders’ claims and entered judgment for our client.
  • Obtained defense verdict as lead trial counsel in federal court jury trial involving allegations of fraud, breach of contract, and breach of fiduciary duty. 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. The jury rejected all of plaintiff’s claims and returned a unanimous verdict in our client’s favor.
  • 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)

Involvement

  • 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)

Recent Insights

News & Press

Viewpoints

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The Federal Circuit Broadens Application of the Kessler Doctrine

June 23, 2020 | Blog | By Matthew Hurley, Philip C. Ducker, Adrian Kwan

Last week, the Federal Circuit invoked the Kessler doctrine in ruling that a district court’s dismissal of the plaintiff’s patent infringement suit against Amazon barred the plaintiff’s subsequent lawsuits against Amazon and its customers in In Re PersonalWeb Technologies, Inc.
Read more
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Arbitration of IP Disputes in a Post-COVID-19 World

June 2, 2020 | Blog | By Matthew Hurley, Michael Renaud, Nicholas Armington

The COVID-19 pandemic has caused individuals and companies alike to face the reality of a rapid economic downturn followed by a potentially slow recovery characterized by continued economic challenges.
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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”).
Read more

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.
Read more
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.
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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.
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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.
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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.
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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.
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Events

Speaker
Feb
17
2016

G2: Beyond "Alternative Dispute Resolution"

Association of University Technology Managers

San Diego, CA