Mark Matuschak

Mark G. Matuschak is a partner in the firm’s Litigation/Controversy Department, and a member of the Intellectual Property Litigation and Appellate and Supreme Court Litigation Practice Groups. He joined the firm in 1985.

Mr. Matuschak is an experienced trial lawyer who focuses on patent, trademark and trade dress litigation. He has often been brought in shortly before trial as lead counsel to craft winning strategies in difficult-to-win cases and jurisdictions and on appeals. Mr. Matuschak obtained the first-ever jury verdict of patent invalidity in the Eastern District of Texas.

Mr. Matuschak is a master member in the Honorable William C. Conner Inn of Court for 2015 – 2017. Mr. Matuschak is a member of the Boston Bar Association, the American Intellectual Property Law Association, the Dartmouth Lawyers Association and the New York Intellectual Property Law Association.

Experience :

• Successfully resolved a major patent infringement case for a semiconductor company after prevailing on all key arguments in claim construction in the Eastern District of Texas
• Retained one month before trial, obtained judgment of non-infringement in a four-year-old patent case following a month-long jury trial in the Northern District of California for a leading smartphone manufacturer.
• Obtained the first-ever jury verdict of patent invalidity (and noninfringement) in the Eastern District of Texas.
• Obtained a jury verdict of patent infringement under the doctrine of equivalents for a major medical device company when literal infringement had been precluded by claim construction.
• Prevailed in a bench trial involving competing claims by two significant banks to the same trademark, even where the opposing bank had begun use of the trademark first.
• Obtained dismissal, and affirmance of that dismissal on appeal, of all copyright claims against a large auto company involving its use of the Linux operating system.
• Successfully defended a major financial services company facing the threat of a preliminary injunction for trademark infringement in the midst of a major nationwide advertising campaign.

EDUCATION :

• JD, Columbia Law School, 1984
• AB, Government, Dartmouth College, 1981

ADMISSIONS :

• Massachusetts
• New York

CLERKSHIPS : The Hon. Neil L. Lynch, Supreme Judicial Court of Massachusetts, 1984 – 1985