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.
- 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
- 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.
First Place, American Bar Association Antitrust Student Writing Competition
- Axinn Leads Alvogen to Victory in Hatch-Waxman Case for Generic Zohydro®
- Axinn Wins Unanimous Fourth Circuit Victory for Stanley Black & Decker
- Axinn Wins Summary Judgment for Stanley Black & Decker
- Entire Market Value Rule Vs. 'Convoyed Sales' Rule
- Axinn Wins $16 Million Damages Award for Medical Device Client at Jury Trial in Delaware
- Axinn Assisted Actavis in Resolving Ten-Year-Old Dispute with Pfizer
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- Patent Dance Developments: A Tale of 2 Antibodies, Law360, October 26, 2018
- The CRISPR Tug of War, IPWatchdog, August 17, 2018
- Supreme Court Makes it Much Harder for Patent Trolls to Sue in East Texas, Ars Technica, May 22, 2017
- After-Developed Defenses Still Relevant After Halo, Law360, July 15, 2016
- SCOTUS Decision Could Affect Patent Disputes Between Medical Device Makers, Advisory Board, June 15, 2016
- Supreme Court Decision Could Ease Wins for Devicemakers in Patent Cases, Modern Healthcare, June 13, 2016
- Section 101 Requires Something More . . . But How Much More?, The Report, Fall 2015
- Mega Damages In Peril After Fed. Circ. Nixes Apple Verdict, Law360, September 19, 2014
- Entire Market Value Rule Vs. 'Convoyed Sales' Rule, Law360, April 7, 2014
- Should The Entire Market Value Rule Apply To Lost Profits?, Law360, November 5, 2013
- Growing Pains: The Seagate Standard After Powell v. Home Depot, April 5, 2012
- Use of License Agreements to Determine Reasonable Royalties, March 30, 2012
- Heightened Standard For The Entire Market Value Rule?, Law360, August 3, 2011
- Big League Perestroika? The Implications of Fraser v. Major League Soccer, University of Pennsylvania Law Review, 1999
- Squeeze Play: Will Baseball’s Economic Problems Cause More Legal Headaches for the National Pastime?, Sports Lawyers Journal, 1998
- World Biosimilar Congress Europe
- Centerforce IP Strategy Summit: "Apportionment in Patent Damages"
- Magna’s Mock Crisis; Part III
- Operating Company vs Operating Company Litigation: A Proactive Defense
- Aligning Your Enforcement Strategy with Business Goals
- Willful Infringement Before and After Powell v. Home Depot
- The Bar Gets Higher: Royalty Damages After Uniloc
- How Much Is That Patent Worth?
- Pitfalls in Royalty Calculations after Lucent and ResQNet
- 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)
- 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