Ted Mathias
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Ted Mathias focuses on trying patent cases. In just the last year, he tried two cases to judgment and served as lead counsel in a case involving 33 patents that favorably settled on the eve of trial. Ted has litigated patent cases and handled successful appeals to the Federal Circuit in the areas of medical devices, pharmaceuticals, mechanical devices, e-commerce and software. Clients frequently turn to him for guidance on patent remedies and competition issues that arise in connection with patent disputes.

Ted has served as lead counsel in commercial disputes, and has litigated sham litigation, standards setting, patent pooling and IP licensing issues, other Sherman Act claims, insurance coverage and environmental claims. In addition to major trial work, he has represented clients in private dispute resolution proceedings, mediations and government investigations concerning antitrust, unfair competition, false advertising and Internet privacy issues.

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Professional Activities

  • Chair of the § 102/103 Subcommittee of the American Bar Association's Intellectual Property Litigation Section
  • Former Chair of the Willful Infringement Subcommittee of the American Bar Association's Intellectual Property Litigation Section
  • Former Chair of the Damages Subcommittee of the American Bar Association's Intellectual Property Litigation Section
  • Serves on the Board of Advisors for Capitol Squash, an urban squash and education program

Experience

  • Obtained a $16 million jury verdict on behalf of medical device maker DePuy Synthes Products, LLC, a Johnson & Johnson company. Took the lead role in presenting the damages evidence, examining both parties' damages experts and multiple fact witnesses. The jury found that all asserted claims of three patents were valid and infringed, and awarded the 15% royalty that DePuy Synthes requested. 
  • Obtained summary judgment of no lost profits on an $800 million lost profits claim in a trade secret case.
  • Defended pharmaceutical client in a multi-billion dollar patent claim, and obtained a favorable settlement after two weeks of trial. 
  • Successfully opposed a Motion for Preliminary Injunction, enabling a major pharmaceutical manufacturer to launch its generic drug product. 
  • Obtained a summary judgment ruling of non-infringement in a patent case on behalf of a software developer and successfully defended the judgment on appeal to the Federal Circuit. 
  • Represented two software developers in an appeal to the Federal Circuit from an adverse judgment and a permanent injunction in a patent case involving municipal bond auctions, and successfully obtained a stay of the injunction and reversal of the judgment. 
  • Represented a steel fabricator in a Federal Circuit appeal from an adverse judgment and a permanent injunction in a patent case involving segmented truck covers and successfully obtained a stay of the injunction, a stay of execution on the judgment and a waiver of the supersedeas bond requirement. 
  • Acted as lead counsel on behalf of a water treatment company in a breach of contract arbitration, and obtained a favorable settlement. 
  • Examined liability expert and obtained a favorable post-trial settlement in an institutional reform litigation brought on behalf of a plaintiff class of detained and committed youth. 

Honors

First Place, American Bar Association Antitrust Student Writing Competition

Articles

Speaking Engagements

Education

  • JD – magna cum laude, University of Pennsylvania School of Law School (2000) Order of the Coif
  • MS – University of Massachusetts, Amherst (1997)
  • BA – Amherst College (1992)

Admissions

  • Connecticut
  • District of Columbia
  • New York
  • US Court of Appeals for the Federal Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Tenth Circuit
  • US District Court District of Columbia