Corporate Counsel Overview

Matthews provides valuable, expert assistance in Patent Litigation and Pre-Litigation analysis, as well as general counseling on patent matters.

Patent Litigation Consulting Services

• Consulting on substantive and procedural legal issues arising in patent litigation for all technologies.
• Independent and objective evaluation of the legal merits of positions suggested or advocated by trial counsel in patent litigation. We do not serve as litigation counsel for any of our clients. Accordingly, our objectivity in evaluating trial counsel’s work product is never influenced by a hidden desire to replace a corporate client’s chosen trial counsel. We only seek to help strengthen the final product submitted to the court so that the corporation has the best chance of obtaining a favorable outcome.
• Expedited Substantive Review of trial counsel’s draft briefs and other pleadings for all phases of patent litigation, including:
  • Jurisdiction, venue and pleading sufficiency motions
  • Markman claim-construction briefing
  • Preliminary injunction motions
  • Summary-judgment motions
  • In limine and discovery motions
  • Proposed jury instructions
  • Post-trial motions
  • Appeals before the Federal Circuit and Supreme Court
• Additionally, as part of our Expedited Substantive Review, we typically provide our comments in a red-line form of the draft brief that adds:
  • Additional case authority and judicial quotes to further or better support the advocated positions
  • Warnings where the legal arguments or cited authority may be vulnerable to challenge in view of other case precedents, identification of those precedents, and suggested counter arguments, with supporting authority, to the anticipated challenge
  • Additional legal arguments and supporting authority where the facts presented in the brief, or otherwise made known to us, suggest such arguments may be appropriate
  • Given that corporate counsel often has a very tight deadline to review and comment on trial counsel’s proposed brief, we strive to turn around our review and comments in a matter of hours.
• Assist trial team directly in developing and perfecting litigation strategies and arguments in support thereof
• Evaluating merits of issues for appeal, formulating arguments for appeal, and assisting in the drafting of appellate briefs
• Amicus briefs for submission to the Supreme Court or Federal Circuit
• Expert testimony on patent law for arbitrations and other forms of alternative dispute resolution

Pre-Litigation and General Counseling on Patent Matters

• Opinions on patent infringement, invalidity, or enforceability in certain technologies
• Assistance with prefiling investigations, evaluation, and analysis
• Counseling related to cease-and-desist letters
• General counseling on U.S. patent law

Dispute Resolution of Patent Matters

• Arbitration: Available to serve as an arbitrator for patent-related disputes
• Litigation: Available to serve as a special master for claim construction and other issues arising in patent infringement suits