Matthew R. McCullough

Patent Litigation

Matt guides clients through high-stakes patent litigation from the initial complaint all the way through trial. He works directly with clients, their engineers, and expert witnesses to delve deep into the technology to understand the key facts that will drive the legal strategies for the case. With his deep knowledge of the technology, he prepares, takes, and defends fact and expert witness depositions, drawing out the critical fact that will set up successful defenses and trial strategies. Matt has significant experience arguing critical motions at all stages of the case, including obtaining key victories such as exclusion of the opposing party’s expert and invalidating asserted patents.

Trade Secrets Litigation

Matt represents clients in trade secrets cases, including in highly contentious suits seeking temporary and preliminary injunctive relief. He has experience helping clients navigate the complex forensic analysis and discovery that often plays a crucial role in high-tech trade secrets litigation. And he helps clients analyze the important differences between federal and state trade secrets law, as well as other state laws, that play a critical role in determining the remedies available in trade secrets cases.

Representative Experience

• Defended client in a years-long competitor case relating to high-tech network security technologies where both parties asserted multiple patents against multiple accused products. Major strategic successes in multiple venues ultimately resulted in favorable outcomes for the client, including invalidating or striking most of the opposing party’s claims, while defending the client’s own patents.
• Led the defense in a patent-antitrust case relating to critical, high-tech AI technologies, achieving key victories for the client.
• Obtained a temporary restraining order and then preliminary injunction in a trade secrets case involving high-tech AI models and source code. 
• Invalidated under Section 101 all asserted claims of patent relating to networking communications protocols, and successfully defended that invalidation on appeal.
• Invalidated under Section 101 all asserted claims of patent relating to wireless networking, and successfully defended that invalidation on appeal.