The following are representative cases handled and worked on by Matthew Dowd.
INTELLECTUAL PROPERTY CASES
Retirement Capital Access Mgmt. Co. v. U.S. Bancorp, 136 S. Ct. ___ (2016).Primary author of Brief in Opposition that persuaded the U.S. Supreme Court to deny a petition for writ of certiorari. This case was highlighted on Patently-O here.
Sequenom, Inc. v. Ariosa Diagnostics, Inc., No. 15-1182 (S. Ct. 2016) and Ariosa Diagnostics, Inc. v. Sequenom Inc., 809 F.3d 1282 (Fed Cir. 2015). Lead counsel in amicus brief filed in support petition for writ of certiorari concerning the patentability of DNA-based inventions. The amicus brief is available here. Mr. Dowd also filed an amicus brief in support of the rehearing petition before the en banc Federal Circuit, which was highlighted by Patently-O here.
Retirement Capital Access Mgmt. Co. v. U.S. Bancorp, 611 Fed. App’x 1007 (Fed. Cir. 2015). Successfully argued Federal Circuit appeal affirming the PTAB’s decision in a covered business method (CBM) review of a patent asserted against multiple financial institutions.
Argentum Pharmaceuticals LLC v. Research Corp. Techs., IPR No. 2016-00204 (PTAB). Lead counsel in petition for inter partes review of patent directed to FDA-approved drug Vimpat® (lacosamide) for the treatment of epileptic seizures. Currently instituted and pending.
Phigenix, Inc. v. Immunogen Inc., No. 2016-1544 (Fed. Cir.). Lead counsel in appeal concerning the appealability of a final decision of the Patent Trial and Appeal Board.
Fidelity Nat’l Information Servs. v. Plano Encryption Techs, LLC, No. 15-777-LPS- CJB, 2016 WL 1650763 (D. Del. Apr. 4, 2016). Patent infringement action; argued opposition to defendant's motion to dismiss.
MCM Portfolio LLC v. Hewlett-Packard Co., No. 15-1330 (S. Ct. 2015). Counsel of record for amicus brief in support of petition for certiorari concerning to the constitutionality of post-grant proceedings under the America Invents Act. Read the amicus brief here.
Halo Electronics, Inc. v. Pulse Electronics, Inc., Nos. 14-1513 and 14-1520 (S. Ct. 2015). Counsel of record for amicus brief in Supreme Court case addressing enhanced damages in patent infringement cases and the proper interpretation of 35 U.S.C. § 284. Read the amicus brief here.
Ethicon Endo-Surgery, Inc. v. Covidien LP, 812 F.3d 1023 (Fed. Cir. 2016). Counsel of record for amicus brief in support of petition for rehearing en banc concerning whether the PTAB or the Director of the USPTO is authorized to institute an inter partes review under the America Invents Act.
TomTom, Inc. v. Adolph, 790 F.3d 1315 (Fed. Cir. 2015). Assisted with briefing of patent appeal to the Federal Circuit.
Exela Pharma Sciences, LLC v. Lee, 781 F.3d 1349 (Fed. Cir. 2015). Briefed and argued appeal concerning the validity of the PTO's decision to revive an abandoned international patent application). Listen to the oral argument here. Read the decision here.
Biogen MA v. Japanese Foundation for Cancer Research, 785 F. 3d 648 (Fed. Cir. 2015). Filed amicus brief in Federal Circuit appeal concerning the appealability of an interference under the America Invents Act. Although the court declined to entertain the amicus brief, the court did agree with legal argument advanced in the brief. Read the court's opinion here. Filing of the amicus brief was reportedhere andhere.
Cadence Pharms., Inc. v. Exela Pharma Scis., LLC, No. 11-733 LPS (D. Del. Nov. 14, 2103). Hatch-Waxman patent litigation. As a key member of the trial team, Mr. Dowd argued various motions, including claim construction issues, and conducted the cross-examination of the key witnesses of plaintiff-patent owner.
Association for Molecular Pathology v. Myriad Genetics, Inc., 133 S. Ct. 2107 (2013). Represented Nobel laureate James D. Watson as amicus curiae in gene patent case.
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litig., 794 F. Supp. 2d 517 (D. Del. 2011), rev’d 676 F.3d 1063 (Fed. Cir. 2012). Hatch-Waxman patent litigation concerning extended-release formulation.
OSI Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc., 858 F. Supp. 2d 341 (D. Del. 2012). Hatch-Waxman patent litigation concerning anticancer drug Tarceva with sales over $1 billion per year.
eComSystems, Inc. v. Shared Marketing Services, Inc., No. 8:10-cv-01531-VMC-MAP (M.D. Fla.). Represented patent owner in action asserting multiple patents covering systems for and methods of preparing computer-generated advertising.
Foo v. U.S. Department of State, No. 15-02033 (D.D.C. filed Nov. 20, 2015). Representing an individual in a civil action challenging the decision of the Foreign Service Grievance Board which denied a request for a waiver of the recovery of alleged annuity overpayments. This case presents a legal challenge to the State Department's rule as being invalid in light of the controlling statute, 22 U.S.C. 4047(d). Case pending.
Frankel v. United States, No. 15-5146 (Fed. Cir.). Briefed and argued appeal concerning the FTC's Robocall Challenge administered pursuant to the America COMPETES Reauthorization Act of 2010. Appeal pending.
White v. United States, No. 123-CO-1349 (D.C. 2016). Briefed and argued pro bono criminal appeal concerning a Sixth Amendment challenge to a plea agreement regarding second degree murder.
Salem Financial, Inc. v. United States, 786 F.3d 932 (Fed. Cir. 2015). Assisted with briefing in complex tax appeal.
TrinCo Investment Co. v. United States, 722 F.3d 1375 (Fed. Cir. 2013). Successfully briefed and argued appeal concerning Fifth Amendment takings claim against the federal government. Listen to the argument here. Read the opinion here.
King v. Office of Personnel Management, 730 F.3d 1342 (Fed. Cir. 2013). Successfully briefed and argued an appeal concerning federal annuity benefits. Read the court's opinion is here.
Kam-Almaz v. United States, 682 F.3d 1364 (Fed. Cir. 2012). Briefed and argued implied contract claim.
Ward v. U.S. Postal Serv., 634 F.3d 1274 (Fed. Cir. 2011). Successfully briefed and argued government employee case.