Brian D. Matty

Mr. Matty’s practice focuses on intellectual property disputes in federal courts and at the Patent Trial and Appeal Board.  He has represented clients in cases relating to a wide range of technologies, including diagnostic genetic testing, catheter technologies, robotic surgery, neurostimulation, wireless communications, and media distribution networks.

Mr. Matty is a trial lawyer with extensive experience in all aspects of patent litigation.  He is also a registered attorney at the US Patent Office and helps clients navigate post-grant proceedings at the Patent Trial and Appeal Board.  Mr. Matty led the defense of biotech firm Ravgen’s patents against a series of ten inter partes review petitions against some of the largest diagnostic testing companies in the world.  He secured decisions upholding all claims of Ravgen’s patents as lead counsel at the PTAB.  Mr. Matty also argued appeals of the IPRs at the Federal Circuit and again secured decisions affirming all claims of the Ravgen patents.  The Ravgen patents Mr. Matty defended were asserted in district court, where he and the Desmarais LLP team secured a $272.5 million jury verdict and an additional $100 million in enhanced damages for willful infringement against Labcorp, and secured a $57 million verdict for Ravgen against Natera.

Mr. Matty was also a key member of the Desmarais LLP team that represented IBM in its first jury trial as a patentee in decades.  During the trial, Mr. Matty conducted the examination of an IBM licensing executive who provided the basis for IBM’s damages claims.  The trial ended in an $82.5 million jury verdict finding all four asserted IBM patents valid and willfully infringed.

Mr. Matty also assists clients with offensive and defensive pre-suit investigations and patent assertion strategy.  He has extensive experience advising clients in patent licensing and settlement negotiations, and he regularly advises clients on developing and maintaining patent portfolios.

Prior to joining Desmarais LLP, Mr. Matty was a patent agent and associate at Ropes & Gray, where he gained significant experience in patent prosecution and managing large patent portfolios before focusing on patent litigation.  Mr. Matty is also a named inventor on U.S. Patent No. 8,496,655, which covers a catheter-based medical device for removing heart valves during minimally-invasive heart surgery.

Prior Experience

• Associate, Ropes & Gray LLP, 2014-2016
• Patent Agent, Ropes & Gray LLP, 2009-2014

Courts

• United States District Court for the Eastern District of New York
• United States District Court for the Southern District of New York
• United States District Court for the District of Massachusetts
• United States Court of Appeals for the Federal Circuit