Matthew C. Mousley: Lawyer with Duane Morris LLP

Matthew C. Mousley

Philadelphia,  PA  U.S.A.
Phone215 979 1804

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Experience & Credentials

Practice Areas

  • Intellectual Property
  • Intellectual Property Litigation
Contact InfoTelephone: 215 979 1804
Fax: 215 689 4936
University Franklin & Marshall College, B.A., summa cum laude, 2001
Law SchoolVillanova University School of Law, J.D., summa cum laude, 2004 Executive Editor, Villanova Law Review
Admitted2004, Pennsylvania and New Jersey

Professional Activities

•International Technology Law Association - ITechLaw (formerly Computer Law Association)
- Board of Directors, 2011-present
- Vice-chair of Membership committee, 2012-present
- Editor of E-Newsletter, 2010-2012
- U.S. conference and annual meeting planning committee, 2009-2011
- Intellectual property law committee, 2007-present
- E-commerce law committee, 2007-present
•Philadelphia Bar Association
- Vice-chair of Cyberlaw committee of the Business Law Section, 2013-present

BornDrexel Hill, Pennsylvania, October 18, 1979

Matthew C. Mousley practices in the areas of intellectual property and information technology, including intellectual property trial and appellate litigation, technology licensing, and related business transactions. Mr. Mousley's experience includes both litigation and transactional work with diverse technologies such as pharmaceutical and healthcare products, telecommunications and the Internet, automation and manufacturing systems, and building and construction materials. He is regularly involved in intellectual property portfolio management in these and other technical fields.

Mr. Mousley assists clients in a variety of technology-related transactional matters, including structuring, negotiating, drafting, implementing and providing legal advice regarding RFPs and responses; database, website media and content licensing agreements; software licensing, software development and consulting agreements; software escrow arrangements; open source software issues; Internet service provision and hosting agreements; service level agreements; website terms of use and privacy and security policies; technology development and joint development transactions; mergers, acquisitions, and business divestitures involving intellectual property assets; contract interpretation and renegotiation of IT infrastructure and software licensing transactions; copyright protection and enforcement issues; confidentiality agreements and trade secret issues; and legal issues related to e-commerce and doing business on the Internet, including on the Web and in virtual worlds.

Mr. Mousley has experience in all stages of patent litigation, from pre-litigation strategy and planning through final appeal. His litigation experience includes, among other fields, pharmaceuticals (Hatch-Waxman/ANDA), medical devices, direct marketing email systems, IP portfolio management software, interactive entertainment and video games, VoIP technology, and manufacturing automation systems. He is experienced in patent and prior art analysis, infringement analysis, motions practice, summary judgment briefing, preparation of infringement/invalidity contentions, expert reports, pre-trial orders, trial briefs, trial administration and presentation, and post-trial briefing. Drawing from his experience as a federal appellate judicial clerk, Mr. Mousley is experienced with prospective appellate strategy at trial and appellate practice post-trial.

Mr. Mousley is admitted to practice in Pennsylvania and New Jersey and is an active member, and current board member, of the International Technology Law Association (ITechLaw). Prior to joining Duane Morris, he served as a judicial clerk to the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit.

Mr. Mousley is a 2004 summa cum laude graduate of Villanova University School of Law, where he served as the executive editor of the Villanova Law Review, and a 2001 summa cum laude graduate of Franklin & Marshall College (B.A., Chemistry and French).


•Duane Morris LLP
- Partner, 2013-present
- Associate, 2005-2012
•Judicial Clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit, 2004-2005

Selected Speaking Engagements

•Guest lecturer on Intellectual Property Law, Drexel University
•Moderator, Making Sure Your 'Cloud' Has a Silver Lining, Philadelphia Bar Association Cyberlaw Committee, October 2014
•Invited Lecturer, Security, Privacy and the Cloud Computing, Advanced Practices Council, October 2014
•Moderator, Cryptocurrency: Bitcoin and Beyond, Philadelphia Bar Association, Cyberlaw Committee, August 2014
•Panelist, Food and Drug Law Institute (FDLI) 55th Annual Conference, Washington, D.C., April 2012
•Invited Lecturer, Introduction to Intellectual Property Law, Law Review CLE, Philadelphia, March 2012
•Co-presenter, Security Breaches, Duane Morris Audiocast, October 2010
•Co-presenter, An Overview of Security Laws in the United States, Duane Morris Audiocast, October 2010
•Co-presenter, Privacy Law in the U.S.: An Overview of Laws at the Federal and State Levels, Duane Morris Audiocast, July 2010

Selected Publications

•Quoted in Wearable Technology Creates New Legal Problems, The Legal Intelligencer, June 16, 2015
•Co-author, Chapter 18: ANDA Preparation (with an Eye toward Approval and Litigation) and the FDA Review, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, 2014
•Co-author, Addressing Breach of Method-of-Use Patents by Generics, Law360, May 2, 2012
•Co-author, Federal Circuit Addresses Infringement of Method-of-Use Patents by Generics in Yasmin Case, Duane Morris Alert, April 18, 2012
•Co-author, Copyright Law Implications in Video Games and Virtual Worlds, Chapter in Computer Games and Virtual Worlds: A New Frontier in Intellectual Property Law, American Bar Association Section of Intellectual Property Law (2010)
• Supreme Court Expands the Patent Exhaustion Doctrine, Duane Morris Alert, June 10, 2008

Reported CasesRepresentative Matters: Intellectual Property Litigation: Won an appeal on behalf of Lutron Electronics of an Ex Parte Reexamination before the Patent Trial and Appeals Board (PTAB) involving a challenge by Creston Electronics of Lutron's Patent No. 5, 905, 442, protecting five licenses with total royalties to date of over $20 million and defending Lutron's Homeworks and RadioRA product families.; RPost Holdings, Inc. et al v. Epsilon Data Management, LLC (E.D. Tex. 2012). Representing Epsilon Data Management, LLC in patent infringement litigation concerning products and services that verify the delivery and integrity of electronic messages, including but not limited to Epsilon's electronic mail marketing services.; Obtained a dismissal with prejudice of a patent infringement case in the U.S. District Court for the Northern District of Illinois on behalf of Sears, Roebuck & Company on the basis that an online customer preference system did not infringe the asserted patents.; Outside the Box Innovations, LLC, et al. v. Travel Caddy, Inc., et al. (Fed Cir.). Federal Circuit upheld a lower court ruling that client's carrying cases for tools did not infringe appellant's patents.; Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision in an interlocutory appeal to the U.S. Court of Appeal for the Federal Circuit that reversed en banc a prior panel decision and a Court of Federal Claims decision that allowed Zoltek's claim against Lockheed. The Federal Circuit decision ruled that federal law protects contractors from infringement suits arising from work they perform for the government. Zoltek v. Lockheed Martin Corp. and United States, Case Nos. 96-166C (EJD) (Fed. Cl.) and 09-0096 (JOF) (N.D. Ga.); on appeal, Case No. 2009-5135 (Fed. Cir.).; Represented Sandoz, Inc. in a patent infringement action regarding Sandoz's abbreviated new drug application (ANDA) to make a generic version of Shire's attention deficit hyperactivity disorder (ADHD) product Intuniv, the active ingredient of which is guanfacine. Shire LLC v. Sandoz, Inc., Case No. 11-01110 (RBJ) (D. Colo.).; Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex's abbreviated new drug application (ANDA) to make a generic version of Sanofi-Aventis' anti-cancer product Taxotere, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Aventis' inequitable conduct in procuring the patents. Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del.). Obtained an affirmance from the U.S. Court of Appeals for the Federal Circuit on all appealed invalidity and unenforceability rulings. Case No. 2011-1018 (Fed. Cir.).; Represented Sandoz, Inc. in a patent infringement action regarding Eon/Sandoz's abbreviated new drug application (ANDA) to make a generic version of Pfizer's anti-seizure product Neurontin, the active ingredient of which is gabapentin. In re Gabapentin Patent Litig., MDL Docket No. 1384 (FSH) (D.N.J.).; Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex's abbreviated new drug application (ANDA) to make a generic version of Wyeth's anti-depressant product Effexor XR, the active ingredient of which is venlafaxine hydrochloride. Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. Fla.).; Obtained a summary judgment ruling in favor of a major manufacturer of building materials on its false advertising claims against an entity that billed itself as providing unbiased information about roofing products sold in Washington state. A federal court determined that the entity's statements about the client's roofing shingles were false and misleading in violation of the Lanham Act and the Washington Consumer Protection Act and permanently enjoined it from making such statements in the future. CertainTeed Corp. v. Seattle Roof Brokers, No. 09-cv-00563 (RAJ) (W.D. Wash.). Technology Transactions: Represented WineAccess, Inc., a direct-to-consumer (DTC) wine eCommerce company, in its acquisition by Norwest Venture Partners, a global, multi-stage venture capital and growth equity investment firm.; Represented Verizon Communications Inc. in negotiating and executing the various licensing and other agreements necessary for it to be able to spin off its local exchange and related business assets in 14 states to Frontier Communications Corp.; Represented Verizon Communications Inc. in negotiating and executing software consents for transition services necessary for it to be able to spin off its local exchange and related business assets in New England to FairPoint Communications, Inc.; Represented Verizon Communications Inc. in negotiating and executing software consents for transition services necessary for it to be able to spin off its directories business and related business assets to Idearc Media LLC. Pro Bono: Represented pro bono a former attorney for the United States Department of Justice and obtained a decision from the Court of Appeals for the Federal Circuit holding that an 18 month appointment the client received while her background check was pending did not constitute temporary work, and that she therefore qualified as an employee with appeal rights to seek back pay for her wrongful termination.
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Office Information

Matthew C. Mousley

30 South 17th Street
PhiladelphiaPA 19103-7396


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