Matthew M. Zuziak is an associate in Sterne Kessler’s Trial & Appellate Practice Group. He is an experienced intellectual property trial attorney with a practice focused on patent, trade secret, and trademark disputes in federal district courts, the U.S. International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB), and the United States Court of Appeals for the Federal Circuit.
Matt has experience in all stages of intellectual property litigation, including briefing and arguing motions in court, serving as the lead drafter on case dispositive motions, managing all aspects of fact and expert discovery, taking and defending depositions in a first-chair role, and examining expert and fact witnesses at trial in both first- and second-chair roles. Matt has litigated patents on a wide variety of technologies, including pharmaceuticals, DNA sequencing and cancer detection, automotive components, industrial food slicing and packaging, high performance computing, and telecommunications.
Further, Matt has served as trial counsel in multiple jury and bench trials in cases involving claims of patent infringement, trade secret misappropriation, false advertising, trademark infringement, counterfeiting, and breach of contract. Most recently, he was the senior managing associate of a large trial team that obtained a jury verdict awarding $83.4 million in past damages for willful patent infringement in a case involving cancer screening, detection, and characterization technology. Matt was also co-lead counsel for a plaintiff in a bench trial involving claims of willful trademark infringement, counterfeiting, and design patent infringement. He conducted the direct-examination of plaintiff’s key witness at trial. The court found the defendants liable on all counts, and awarded enhanced damages and attorney’s fees for defendants’ willful trademark and design patent infringement.
Matt received his B.S., cum laude, and M.S. in chemistry with a concentration in biochemistry and organic chemistry from DePaul University College of Science and Health. While in law school, Matt was a staff editor on the DePaul Journal of Art, Technology & Intellectual Property Law, a member of the Appellate Moot Court Society, and a judicial extern for Judge Amy J. St. Eve, formerly of the United States District Court for the Northern District of Illinois.
District Court:
- TwinStrand Biosciences et al. v. Guardant Health (D. Del.) (counsel for plaintiffs TwinStrand and the University of Washington in a patent infringement suit, serving as the lead associate managing large litigation team (15 members) from filing through trial; prevailed on all claims at trial and obtained a jury verdict of $83.4 million past damages award for defendant’s willful patent infringement)
- Liu Jo S.p.A v. Kendall Jenner et al. (S.D.N.Y) (counsel for Liu Jo in a widely-publicized breach of contract and unjust enrichment action; prevailed in a multi-year battle over jurisdiction and assisted in settling the dispute)
- Volkswagen Group of America, Inc. and Audi AG v. Varona et al. (S.D. Fl.) (co-lead trial counsel for Volkswagen and Audi in an anti-counterfeiting, trademark infringement, and design patent infringement suit involving sellers of counterfeit wheel sets; prevailed on all Counts and obtained $1.2 million in enhanced damages and attorneys’ fees due to defendants’ willful infringement)
- Automobili Lamborghini S.p.A. et al v. Lamborghini Latino America USA et al. (E.D. Va.) (counsel for Lamborghini in an anti-counterfeiting and trademark infringement suit involving sellers of counterfeit goods; obtained $5 million in statutory damages and a permanent injunction in favor of Lamborghini)
- TRUSTID, Inc. v. Next Caller, Inc. (D. Del.) (trial counsel for plaintiff in a trial where the jury returned a verdict of willful false advertising in favor of the plaintiff and awarded both compensatory and punitive damages)
- IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc. (D. Del.) (counsel for Teva in patent infringement suit relating to pharmaceutical for hypothyroidism; patent found invalid as indefinite at Markman stage in favor of Teva, which was affirmed on appeal by the Federal Circuit)
- Osmotica Pharmaceutical US LLC et al. v. Adamas Pharmaceuticals, Inc. et al. (D. Del.) (represented Osmotica in patent infringement suit relating to pharmaceutical for Parkinson’s disease)
- Duke University et al v. Sandoz Inc. (D. Colo.) (represented Sandoz in patent infringement suit relating to pharmaceutical for growing eyelash hair)
- Rhodes Pharmaceuticals LP v. Actavis Inc. (D.N.J.) (represented Rhodes Pharmaceuticals in patent infringement suit relating to pharmaceutical for treatment of ADHD)
ITC and Court of International Trade:
- Jaguar Land Rover Limited v. Volkswagen AG et al., Inv. No. 337-TA-1235 (I.T.C.) (counsel for Volkswagen AG; assisted in obtaining settlement resolving the dispute prior to trial)
- Wirtgen America, Inc. v. United States (Ct. Int’l Trade) (counsel for Wirtgen; obtained permanent injunction barring U.S. Customs and Border Protection from improperly preventing Wirtgen’s redesigned machines from entering the U.S.)
- Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, Inv. No. 337-TA-1159 (I.T.C.) (represented third-party in defeating motion to compel and securing public interest exemption)
- J.D., DePaul University College of Law
- M.S., Biochemistry, DePaul University College of Science and Health
- B.S., Chemistry, DePaul University College of Science and Health, cum laude
- District of Columbia
- Illinois
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of Illinois
- American Bar Association, Section of Intellectual Property Litigation, Co-Chair of the Inequitable Conduct Subcommittee
- The Giles S. Rich American Inn of Court
Related Services
- Opinions & Advice
- Opinions of Counsel
- Due Diligence & IP Valuation
- Licensing
- Litigation
- Appellate
- District Court Litigation
- ITC Litigation
- Pharmaceutical Patent Litigation
- Trade Secret Protection & Enforcement
- Post-Grant Proceedings
- PTAB Trials: IPRs, PGRs, DERs
- Trademark & Brand Protection
- Anti-Counterfeiting & Brand Protection