Trial Counsel Overview

Matthews can help trial counsel with all aspects of patent litigation that require analysis of the patent law. Our services can take the following forms:

• Consulting on substantive and procedural legal issues arising in patent litigation for all technologies.
• Expedited Substantive Review of draft briefs for all phases of patent litigation, including:
  • Jurisdictional, 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
• Assist trial team in developing and perfecting substantive and procedural 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
• Opinions on patent infringement, invalidity, or enforceability in certain technologies
• Assistance with prefiling investigations, evaluation, and analysis
• Serve as an arbitrator for patent-related disputes
• Serve as a special master for claim construction and other issues arising in patent infringement suits