Matt Lubozynski focuses his practice on litigation matters.
Mr. Lubozynski has extensive experience representing plaintiffs and defendants in multimillion dollar patent litigation and has done a great deal of pro bono work including serving as Guardian Ad Litem and representing prisoners within the Georgia prison system seeking habeas corpus relief.
Prior to attending law school, Mr. Lubozynski played professional baseball in the Los Angeles Angels of Anaheim's minor league system.
Professional & Community Activities
Bleckley Inn of Court, Member
Journal of Intellectual Property Law, Former Managing Editor
Experience
Worked on teams handling the following matters:
Protective orders for domestic violence victims, Represents victims of domestic violence who are seeking protective orders for themselves and their children against batterers and stalkers.
DataTreasury Corp. v. Wachovia Corp., et al.,
DataTreasury Corp. v. Wells Fargo & Co., et al., Lead counsel for Wachovia Bank, Branch Banking & Trust Company, M&T Bank and Comerica Bank against DataTreasury in patent infringement suits in the Eastern District of Texas and other noteworthy patent litigation jurisdictions around the country. The patents at issue involved various technologies, including telecommunications, electronic payment and clearing systems, software, business methods, and electrical and mechanical devices. The plaintiff in these cases sued more than 40 defendants, including many leading banks and financial institutions. Cases settled in 2009 and 2010 shortly before trial.
DataTreasury Corp. v. Wachovia Corp., et al., No. 2:05-cv-00293 (E.D. Tex. filed June 28, 2005) and DataTreasury Corp. v. Wells Fargo & Co., et al., No. 2:06-cv-00072 (E.D. Tex. filed Feb. 24, 2006). (Judge Folsom).
Security deposits for tenants, Represents the action of tenants seeking the return of their security deposits from landlords who withheld them in violation of law. The work of these lawyers has recovered thousands of dollars for tenants, enabling them to move into other housing and move on with their lives.
Fort James Corp. & Fort James Operating Co. v. J.H. McNairn, Ltd., et al., The firm served as lead counsel on behalf of Georgia-Pacific LLC's subsidiaries in a patent infringement suit against two competitors in the Northern District of Georgia involving composite food wrap products. Following a favorable Markman ruling in which the court adopted our clients' claim construction arguments, the parties reached a settlement involving cash payment and an ongoing royalty-bearing license.
Fort James Corp. & Fort James Operating Co. v. J.H. McNairn, Ltd., et al., No. 04-3000 (N.D. Ga. filed Oct. 14, 2004).
Patent litigation for telecommunications company, The firm served as lead counsel on behalf of telecommunications company in a patent infringement matter in the Northern District of Georgia involving fleet management and vehicle location systems. Following discovery of the inventors and filing of a summary judgment motion of invalidity, we helped client obtain a favorable settlement of all claims.
Patent infringement for leading carpet tile manufacturer, Served as lead counsel for a leading manufacturer of carpet tiles in four cases, consolidated for pretrial purposes, concerning the client's allegations of patent infringement, and the accused infringers' claims of invalidity, unenforceability, and patent misuse, as well as allegations that our client infringed a patent. After discovery revealed invalidity issues, the firm succeeded in obtaining dismissal of the infringement allegations against our client. The Markman ruling on our client's patent, which issued after additional briefing by the parties on draft orders from the court, was favorable to our client. Our client successfully rebuffed its opponents' attempts to obtain summary judgment invalidating the patent. The case ultimately settled on the eve of trial, on confidential terms favorable to our client.
Appellate litigation win in Georgia Supreme Court, Won the overturn of a mandatory sentence of life without parole in a habeas action and defended the decision before the Georgia Supreme Court.
Mohawk Industries Inc. and Shaw Industries Inc. v. Interface Inc., Represented Interface Inc. in a suit filed by two competitors alleging that Interface had "falsely marked" certain carpet tiles and thus was subject to more than $800 million dollars in penalties. Simultaneously, the two competitors were also defending against patent infringement claims filed by Interface. Both parties settled with Interface on the eve of trial, on confidential terms favorable to Interface.
Mohawk Industries, Inc. and Shaw Industries, Inc. v. Interface, Inc., No. 4:07-cv-212 (N.D. Ga. 2008).
Belinda Y. Brown v. Georgia-Pacific Corporation Products LLC, The firm serves as lead counsel on behalf of Georgia-Pacific in a qui tam false marking suit filed by Belinda Brown in the United States District Court for the Eastern District of Missouri. The Complaint alleged that Georgia-Pacific falsely marked its Quilted Northern Soft and Strong bath tissue product with expired patent numbers in violation of 35 U.S.C. § 292. We filed a Motion to Dismiss the Complaint on the grounds that the Plaintiff failed to plead its claims, especially with respect to the intent to deceive element, with the particularity required under Rule 9(b) of the Federal Rules of Civil Procedure. The Court agreed and granted the Motion to Dismiss.
Belinda Y. Brown v. Georgia Pacific Corporation, USDC, EDMO, Civil Action No. 4:10-cv-01005-RWS.
*Experience gained by attorney prior to joining Kilpatrick Townsend
Publications
15 March 2011, Federal Circuit Deals Significant Blow to False Patent Marking Complaints: The Particularity Pleading Requirement of Rule 9(b) Applies to False Marking claims; Alleging a Defendant is "Sophisticated" Insufficient, Legal Alerts
07 January 2010, Federal Circuit Raises Stakes in Patent "False Marking" Cases, Legal Alerts