Mary B. Matterer's practice consists of diverse forms of litigation, including intellectual property, commercial, and complex insurance coverage litigation.
Mary has been actively practicing patent litigation in the District of Delaware for over fifteen years. The subject matter of the disputed technology has come from a variety of industries:
· Pharmaceuticals
· Telecommunications
· Automotive
· Biomedical
· Electronics
· Internet/software
Her practice also includes complex insurance coverage litigation. She has represented insurance companies in multimillion dollar disputes involving demands for coverage with respect to environmental and products liability claims under general liability policies, and also demands for coverage under directors and officers policies. She has served as Liaison Counsel for insurers where numerous insurers were brought into the lawsuit.
The years of experience practicing in the state and federal courts have provided an opportunity to serve as Delaware counsel for law firms well-known for their experience in patent and complex commercial litigation. Her clients appreciate her familiarity with the courts and judges and find her "confident, responsive, and flexible." (Chambers 2008) "Commentators also point to Mary Matterer as a source of confidence, particularly highlighting her coolness under pressure and ability to make progress in a tense environment." (Chamber 2011)
Honors and Awards
· Chambers USA - America's Leading Lawyers for Business, Recognized for work in Intellectual Property, 2008-2011
· The Best Lawyers In America®, Woodward/White, Inc., 2009-2011
· Delaware Journal of Corporate Law, Law Review
Activities and Affiliations
· Delaware State Bar Association, International Law Section, Former Chair
· American Bar Association, Intellectual Property and Litigation Sections, Member
Experience
Boehringer Ingelheim Intern. GMBH v. Barr Laboratories, Inc.
2008 U.S. Dist. LEXIS 53475 (July 15, 2008 ).
Patent Infringement -ANDA
Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc.
496 F.Supp.2d 428 (July 19, 2007).
Patent Infringement-ANDA
AT&T Corp. v. Clarendon American Ins. Co.
931 A.2d 409 (Del.Supr., July 02, 2007)
Insurance coverage
In re '318 Patent Infringement Litig.
2007 U.S. Dist. LEXIS 17903 (March 1, 2007)
Patent Infringement-ANDA
AT&T Corp. v. Faraday Capital Ltd.
918 A.2d 1104 (Del.Supr., February 05, 2007)
Insurance coverage dispute
Wyeth v. Impax Laboratories, Inc.
248 F.R.D. 169 (D.Del., October 26, 2006)
Patent Infringement-ANDA
AT&T Corp. v. Clarendon America Ins.
2006 WL 2685081 (Del.Super., Sept. 18, 2006)
Insurance coverage dispute
LML Patent Corp. v. Telecheck Services, Inc.
2006 WL 839321 (D.Del., March 28, 2006)
Patent Infringement-Electronic Checking Technology
Royal Indem. Co. v. General Motors Corp.
2005 WL 1952933 (July 26, 2005)
Insurance coverage
Shire Laboratories v. Impax Laboratories
2005 WL 319983 (D.Del., February 09, 2005)
Patent Infringement-ANDA
Liggett Group, Inc. v. Ace Property and Cas. Ins. Co.
798 A.2d 1024 (Del.Supr., May 16, 2002)
Insurance coverage
ABB Flakt, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa.
731 A.2d 811 (June 28, 1999)
Insurance coverage
E.I. du Pont de Nemours & Co. v. Allstate Ins. Co.
693 A.2d 1059 (Del.Supr., June 04, 1997)
Insurance coverage
Hoechst Celanese Corp. v. Certain Underwriters at Lloyd's London
673 A.2d 164 (March 27, 1996)
Insurance coverage
Coalition to Save Our Children v. State Bd. of Educ.
90 F.3d 752 (March 12, 1996)
Federal Supervision of Wilmington Schools
Continental Cas. Co. v. General Battery Corp.
1994 WL 682320 (Nov. 16, 1994)
Insurance coverage
Monsanto Co. v. Aetna Cas. & Surety Co.
1994 WL 161953 (Del.Super., April 15, 1994)
Insurance coverage
Monsanto Co. v. American Centennial Ins. Co.
1991 WL 35714 (Del.Super., Feb. 20, 1991)
Insurance coverage
Publications
05.21.2012
Kenneth L. Dorsney Is Editor-In-Chief and a Co-Author of a New ANDA Litigation Book Published by the American Bar Association
ANDA Litigation provides both a ready roadmap for novice litigators in the field as well as more detailed material and strategy to assist the more experienced ANDA litigator.
Clerkships
Ruby Vale Summer Clerkship, Delaware Superior Court
Clerk for The Honorable John E. Babiarz, Jr., Delaware Superior Court