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Matthew T. Powers
O'Melveny & Myers, L.L.P.
2 Embarcadero Center, 28th Floor
San Francisco, CA 94111
(Contra Costa)
Admitted: California, 2001
Law School: Harvard Law School, J.D.
College: Northwestern University, B.S.
Practice Areas: Intellectual Property, patent Litigation. Commercial Litigation, Civil Litigation
Additional Information: Matt Powers is the head of the firm's Global Patent Litigation Group and specializes in trying patent and trade secret cases. He has litigated and tried cases all over the world involving a wide range of technologies, including semiconductor devices and manufacturing equipment and processes, DNA sequencing, medical devices and other biotechnologies, computer hardware and software, communications (network and telephony) and the Internet.
Mr. Powers was recognized in the January 2001 issue of the London-based publication The Lawyer as one of the "top 10" attorneys in Silicon Valley (he was the only intellectual property specialist or litigator so recognized), and as one of the "top 100" attorneys in the world (he was one of only two U.S. attorneys so recognized). He was also listed as one of only eight "star" attorneys in all fields in the United States (and of only 50 in the world) by Chambers Global Guide in March 2001, and was listed as one of only five "star" attorneys in all fields in the United States by that Guide in 2002. He was ranked as the top patent litigator in Northern California by the same publication in 2001 and 2002 (again, of only 50 in the world). He was also listed as one of the seven top IP trial lawyers in the country in the October 2002 issue of IP Worldwide. In October 2001, Mr. Powers was also named as one of the 100 most influential lawyers in California -- the only patent litigator in Northern California so named. In January 2003, he was named by The American Lawyer as one of the top 45 attorneys under 45 nationwide (in all fields) as a future leader of the private bar. On February 24, 2003, the San Francisco Daily Journal named Mr. Powers as one of the top 25 IP lawyers in California. Mr. Powers was also named by the San Francisco Chronicle as one of the top 25 attorneys in all fields in the San Francisco Bay Area on May 4, 2003.
Mr. Powers is an Editor-in-Chief of the Intellectual Property & Technology Law Journal, and has published extensively on various aspects of intellectual property law and litigation. He is a frequent lecturer nationally and internationally on intellectual property litigation issues. Mr. Powers also teaches a patent litigation course at the University of California, Berkeley's Boalt Hall School of Law, and has lectured on patent law at Stanford University and Santa Clara University. He is the Managing Partner of the Silicon Valley Office, and serves on the Firm's overall Management Committee.
Applied Materials, Inc. v. Novellus Systems -- lead trial counsel for plaintiff in jury trial of patent infringement claims involving TEOS process technology. Obtained jury verdict for plaintiff on all issues, resulting in a settlement in which Novellus paid Applied $80 million, plus substantial additional compensation.
Applied Materials, Inc. v. ASM International, N.V. -- lead trial counsel for plaintiff in trial of patent infringement claims involving radiant heating technology used in semiconductor manufacturing equipment and processes. 32 USPQ2d 1865 (N.D. Cal. April 26, 1994) (finding three patents valid and infringed), aff'd, 98 F.3d 1563 (Fed. Cir. 1996); 26 USPQ2d 1153 (N.D. Cal. 1993) (denying defendants' motion for summary judgment) (case subsequently settled for over $80 million).
Biodex Corp. v. Loredan Biomedical, Inc., et al. -- lead trial counsel for defendants in jury trial involving medical device technology. Obtained verdict of non-infringement and invalidity. 946 F.2d 850 (Fed. Cir. 1991) (affirming judgment for defendants), cert. denied, 112 S.Ct. 2957 (1992).
Baltimore Therapeutic Equipment Co. v. Loredan Biomedical, Inc. -- lead trial counsel for defendant in trial of patent infringement action involving medical device technology. 1993 WL 129781 (E.D. Cal. March 30, 1993) (judgment for defendants), aff'd, 30 USPQ2d 1672 (Fed. Cir. April 12, 1994); 1989 WL 85059 (D. Md. 1989) (transferring action).
Applied Materials, Inc. v. ASM International, N.V. -- lead trial counsel for plaintiff in two trials of patent infringement claims involving reduced pressure chemical vapor deposition reactors and processes used in the manufacture of semiconductor devices. 1995 WL 848951 (N.D. Cal. 1995) (finding two patents valid and infringed), aff'd, (Fed. Cir. 1996); 30 USPQ2d 1967 (N.D. Cal. April 19, 1994) (dismissing defendants' inequitable conduct defense and counterclaim). These actions resulted in ASM's payment of over $100 million to Applied Materials.
Semitool v. Applied Materials -- lead counsel for defendant in patent infringement action involving semiconductor manufacturing equipment and processes.
General Electric v. Nintendo -- lead appeal counsel for plaintiff in patent infringement action involving video technology. 179 F.3d 1350, 50 USPQ2d 1910 (Fed. Cir. 1999) (affirming in part and reversing in part).
Datapoint v. Cisco Systems -- lead counsel for defendant in patent infringement action involving LAN technology. Summary judgment of non-infringement entered for defendant.
Lucent Technologies v. Cisco Systems -- lead counsel for defendant in multijurisdictional patent infringement dispute with 22 patents involving network technology.
Excel v. Cisco Systems -- lead counsel for defendant in action involving network technology.
StorageTek v. Cisco Systems -- lead counsel for defendant in patent infringement action involving networking technology (obtained summary judgment of non-infringement for Cisco). [get cite of D. Ct. decision]
Alcatel v. Cisco Systems -- lead counsel for Cisco in multi-jurisdiction patent litigation involving network technology.
Entercept Securities Technologies, Inc. v. Okena, Inc. -- lead counsel for Cisco patent litigation involving network technology.
Lucent v. Micron Technology -- lead counsel for defendant in patent infringement action involving 25 patents relating to semiconductor and telecommunications technologies.
Micron Technology v. Rambus -- lead counsel for Micron in multi-jurisdiction patent action involving DRAM technology.
Plasma Physics Corp. v. Micron Technology -- lead counsel for Micron in patent infringement action involving four patents relating to semiconductor technology.
TechSearch v. Intel Corp. -- lead counsel for defendant in patent infringement action involving microprocessor technology in which plaintiff sought damages of $8.2 billion. ___ F. Supp. 2d ____ (N.D. Cal. 2000) (summary judgment entered for Intel), aff'd, 286 F.3d 1360, 62 USPQ2d 1449 (Fed. Cir. 2002).
Intel Corp. v. VIA Technologies -- lead appellate counsel for Intel in patent infringement action involving graphics technology. 176 F. Supp. 2d 991, 2003 WL 328281, C.A. Fed. (Cal.), 2003.
Immersion v. Sony Computer Entertainment America -- lead counsel for Sony Computer Entertainment in patent infringement action involving haptics technology.
Perkin-Elmer Applied Biosystems Division, Celera Genomics v. Amersham Pharmacia Biotech and Molecular Dynamics -- lead counsel for Celera Genomics and PE-ABD in five patent infringement actions involving DNA sequencing technology.
Commonwealth Biotechnologies v. Perkin-Elmer Biosystems Division -- lead counsel for defendant in patent infringement action involving DNA sequencing technology.
Promega v. Applera -- lead counsel for Applera in patent infringement action involving DNA sequencing and STR DNA typing technology.
PE Applied Biosystems v. Affymetrix -- lead counsel for plaintiff in patent infringement litigation involving five patents that cover DNA technology and the use of synthesized DNA.
Perkin-Elmer Corporation v. MJ Research Incorporated -- lead counsel for plaintiff in patent infringement action involving PCR technology.
Huang v. Applied Biosystems, et al. -- lead counsel in action challenging inventorship of pioneering DNA sequencing patents.
U.S. ex rel. MJ Research v. Applera -- lead counsel for defendant in qui tam action involving DNA sequencing patents.
Genentech v. Columbia University -- lead counsel for declaratory judgment plaintiff in patent invalidity action involving cotransformed mammalian cells for protein expression.
Timeline v. Oracle -- lead counsel for Oracle in patent infringement action involving database technology.
MangoSoft v. Oracle -- lead counsel for Oracle in patent infringement action involving database technology.
Timeline v. Lawson Software -- lead counsel for defendant in patent infringement action involving database software.
Timeline v. Hyperion -- lead counsel for defendant in patent infringement action involving database software.
Phone.com v. Geoworks -- lead counsel for declaratory judgment plaintiff in patent infringement action involving WAP technology.
Stambler v. Openwave -- lead counsel for defendant in patent infringement action involving communications security technology.
ASM America v. Applied Materials, Inc. -- lead counsel for defendant in litigation of patent infringement claims involving semiconductor manufacturing equipment and processes. 30 USPQ2d 1553 (D. Ariz. 1993) (granting defendant's motion to transfer venue); 43 USPQ2d 1381 (N.D. Cal. October 28, 1996); 1996 WL 263649 (N.D. Cal.) (granting defendant's motion for summary judgment of invalidity based on on-sale bar); 922 F. Supp. 1439 (N.D. Cal. 1996) (granting defendant's motion for summary judgment of invalidity based on best mode violation); 1995 WL 419747 (granting defendant's motion for summary judgment of non-infringement).
Applied Materials, Inc. v. Moore Epitaxial, Inc. -- lead counsel for plaintiff in litigation of patent infringement and trade secret claims involving semiconductor manufacturing equipment and processes.
Applied Materials, Inc. v. Varian Associates and Novellus Systems -- lead counsel for plaintiff in litigation of patent infringement claims involving physical vapor deposition technology.
Applied Materials, Inc. v. AG Associates, AST Electronik GmbH -- lead counsel for plaintiff in patent infringement action involving rapid thermal processing technology.
Applied Materials, Inc. v. Gemini Research Corp. -- representation of plaintiff in litigation of patent infringement claims involving semiconductor manufacturing equipment and processes. 835 F.2d 279 (Fed. Cir. 1987) (reversing summary judgment for defendant).
ASM v. Genus -- lead counsel for defendant in patent infringement action involving atomic layer deposition and CVD technology. Summary judgment of non-infringement granted for Genus on both ALD patents.
International Business Machines v. Informix -- lead counsel for Informix in patent infringement action involving 24 patents on database technology.
Cree, Inc. v. Nichia -- lead counsel for Cree in trade secret multi-patent, multi-jurisdiction dispute involving LED semiconductor technology. Summary judgment granted for Cree, dismissing trade secret claims.
Samsung Electronics Co. Ltd. v. Tessera Technologies, Inc. -- lead counsel for declaratory judgment plaintiff in patent action involving small format packaging technology.
Siege Industries, Inc. v. Clark Manufacturing -- lead trial counsel for defendant in jury trial of patent infringement and trade secret action involving computer control technology, resulting in favorable jury verdict for defendant.
KLA Instruments v. Orbot Instruments -- lead counsel for defendant in patent infringement action involving reticle inspection technology.
KLA Instruments v. Therma-Wave -- lead counsel for defendants in two patent infringement actions involving thin film measurement technology.
Semiconductor Packaging Materials Co. v. Sumitomo Metal Electronics Devices Inc. -- lead counsel for defendant in patent infringement action involving semiconductor packaging technology (dismissed, patent invalidated by re-examination proceeding).
Novadigm, Inc. v. Marimba, Inc. -- lead counsel for defendant in two patent infringement actions involving software distribution and updating technology.
Beck Systems v. Marimba -- lead counsel for defendant in patent infringement action involving software technology.
Genesys v. Kana Communications -- lead counsel for defendant in patent infringement action involving e-mail routing/management technology.
Photonetics v. New Focus -- lead counsel for defendant in patent infringement action involving network infrastructure technology.
Lexar Media v. Fuji -- lead counsel for plaintiff in patent action involving flash memory technology.
Lexar Media v. Toshiba -- lead counsel for plaintiff in trade secret action involving flash memory technology.
Toshiba v. Lexar Media -- lead counsel for patent holder in declaratory judgment action involving flash memory technology.
Synopsys v. Nassda -- lead counsel for defendant in patent infringement action involving software tools for integrated circuit testing and design.
Synopsys v. An-Chang Deng, et al. -- lead counsel for defendants in trade secret action involving software tools.
ArthroCare v. Ethicon, et al. -- lead counsel for plaintiff in patent infringement action involving RF ablation technology.
Digimarc v. Verance -- lead counsel for defendant in patent infringement actions involving digital watermarking technology.
VIVUS, Inc. v. Kercso -- lead counsel for plaintiff in patent action involving drug delivery technology.
Harvard Scientific v. VIVUS, Inc. -- lead counsel for declaratory judgment defendant in patent action involving drug delivery technology. Action dismissed on defendant's motion.
Mentor v. LySonix, et al. -- lead counsel for defendants in jury trial of patent infringement action involving medical device technology (judgment entered for defendants, reversed on appeal). 244 F.3d 1365.
RITA Medical v. Radio Therapeutics -- lead counsel for plaintiff in patent infringement action involving minimally invasive ablation surgery technology.
Boston Scientific v. RITA Medical -- lead counsel for defendant in multiple patent infringement actions involving minimally invasive ablation surgery technology.
Cohesion Corporation v. Fusion -- lead counsel for plaintiff in patent infringement action involving wound healing technology.
Business Objects, S.A. v. Brio Technology -- lead counsel for defendant in patent infringement action involving database software technology.
Arbor Software v. Planning Sciences International plc -- lead counsel for plaintiff in patent litigation involving multidimensional database software technology.
National Semiconductor Corp. v. Micrel -- lead counsel for plaintiff in patent infringement action involving semiconductor and semiconductor process technology.
Cypress Semiconductor v. Pericom -- lead counsel for Pericom in patent litigation in ITC and District Court involving semiconductor technology.
Millennium v. Compaq Computer Corp. -- lead counsel for defendant in patent infringement action involving scanner technology.
General Signal Corp. v. Applied Materials, Inc. -- lead counsel for defendant in litigation of patent infringement claims involving cluster tool technology used in semiconductor manufacturing equipment and processes.
Matsushita Electric Industrial Co., Ltd. v. Kamatani -- lead counsel for plaintiff in declaratory judgment action involving DVD technology.
Elk Industries v. Matsushita Electric Company of America, et al. -- lead counsel for defendants in patent infringement action involving voicemail technology.
Dynacore v. Matsushita Electric -- lead counsel for defendant in patent infringement action involving network technology. Summary judgment of non-infringement granted for Matsushita.
Alliance Semiconductor v. Harris Corporation -- lead counsel for declaratory judgment plaintiff in patent infringement action involving SRAM technology.
OKI America v. Telefonaktiebolaget LM Ericsson -- lead counsel for declaratory judgment plaintiff in patent infringement action involving CDMA digital cellular technology.
Quality Semiconductor, Inc. v. Pericom Semiconductor Corp. -- lead counsel for defendant in patent infringement action involving MOS technology.
OKI Electric Industry Co., Ltd. v. LG Semiconductor -- lead counsel for plaintiff in patent infringement action involving DRAM technology.
Loral Fairchild Corp. v. Oki Electric Industry Co., Ltd., et al. -- lead counsel for defendant in patent infringement action involving CCD semiconductor technology. E.g., 840 F. Supp. 211 (E.D.N.Y. 1994); 906 F. Supp. 798 (E.D.N.Y. 1995) (construing claims).
Automated Business Companies v. OKIDATA -- lead counsel for defendant in patent infringement action involving facsimile technology.
Hazani v. Oki Electric Industry Co., Ltd. -- lead counsel for defendant in Section 337 case before the International Trade Commission and related District Court litigation involving DRAM technology (patent found invalid and not infringed on summary determination). 126 F.3d 1473, 44 USPQ2d 1358 (Fed. Cir. 1997) (affirming judgment for defendants).
Oki America, Inc. v. Tsakanikas -- lead counsel for plaintiff in declaratory judgment action involving allegations of infringement of patents relating to cellular and facsimile technology. E.g., 1993 WL 515860 (N.D. Cal. Dec. 6, 1993) (denying defendant's motion to dismiss).
Electronic Speech Systems, Inc. v. Oki Electric Industry Co., Ltd., Hattori Seiko, et al. -- lead counsel for defendants in patent infringement action involving digital voice synthesis technology.
Wiener v. Oki Semiconductor, et al. -- lead counsel for defendants in patent infringement action involving video ROM technology.
Trimble Navigation v. Wireless Link Corp. -- lead counsel for defendants in patent infringement action involving cellular/GPS technology.
Read-Rite Corp. v. TDK Corp. -- lead counsel for plaintiff in patent infringement action involving disk drive technology.
Swan Magnetics v. Mitsumi Electric Co., Ltd. -- lead counsel for defendant in trade secret action involving disk drive technology.
Honeywell, Inc. v. Chinon Industries, Inc., et al. -- lead counsel for defendants in patent infringement action involving camera technology.
Coinstar, Inc. v. CoinBank Automated Systems, Inc. -- lead counsel for plaintiff in patent infringement action involving coin cleaning technology.
Medical Dynamics v. InnerDyne Medical -- lead counsel for defendants in patent infringement action involving medical device technology.
Japan Halon Co., Ltd. v. Great Lakes Chemical Corp. -- lead counsel for plaintiff in trade secret action involving specialty chemical products technology.
Image Smith, Inc. v. Big Top Productions -- lead counsel for plaintiff in trade secret action involving multimedia technology.
Aspect v. International CompuTex -- lead counsel for defendants in trade secret action involving software technology.
Refac International, Ltd. v. MasterCard International, et al. -- lead counsel for defendant in patent infringement action involving credit verification system. 758 F. Supp. 152 (S.D.N.Y. 1991) (entering summary judgment for defendant).
E. & J. Gallo Winery v. Consorzio del Gallo Nero -- obtained summary judgment and an award of attorneys' fees for plaintiff in action for trademark infringement and dilution. 782 F. Supp. 457, 20 USPQ2d 1579 (N.D. Cal. 1991); 782 F. Supp. 472, 22 USPQ2d 1227 (N.D. Cal. 1992).
Bibbero Systems, Inc. v. Colwell Systems, Inc. -- obtained summary judgment for defendant in copyright infringement action. 731 F. Supp. 403 (N.D. Cal. 1988), aff'd, 893 F.2d 1104 (9th Cir. 1990).
Waste Distillation Technology, Inc. v. Pan American Resources -- lead counsel for defendants in trade secret and patent infringement litigation involving waste-to-energy technology. 1990 WL 127544 (S.D.N.Y. 1990) (dismissing action).
Balfour Mfg. Co. v. PM Ag Products -- lead counsel for defendant in patent infringement and false advertising action involving chemical patents.
Firm Members: George Riley Sarah Stofferahn Darin Snyder
Frequently Asked Questions
Where is Matthew Powers located?
Matthew Powers is located in San Francisco, CA at 2 Embarcadero Center, 28th Floor, 94111 (Contra Costa County).
What are Matthew Powers's practice areas?
Matthew Powers's practice areas include: Intellectual Property, patent Litigation. Commercial Litigation, Civil Litigation.
What firm is Matthew Powers associated with?
Matthew Powers is associated with O'Melveny & Myers, L.L.P. in San Francisco, CA.
Where did Matthew Powers attend law school?
Matthew Powers attended Harvard Law School, J.D. and Northwestern University, B.S..
When was Matthew Powers admitted to the bar?
Matthew Powers was admitted to practice: California, 2001.