People

Mark G. Matuschak

Partner

Matuschak, Mark G.

Mark Matuschak is a partner in the firm's Litigation/Controversy Department, and a member of the Intellectual Property Litigation and Appellate and Supreme Court Litigation Practice Groups. He joined the firm in 1985.

Practice

Mr. Matuschak is an experienced trial lawyer who focuses on patent, trademark and trade dress litigation. He has often been brought in shortly before trial as lead counsel to craft winning strategies in difficult-to-win cases and jurisdictions and on appeals. Mr. Matuschak obtained the first-ever jury verdict of patent invalidity in the Eastern District of Texas.

Honors & Awards

  • Mr. Matuschak was a featured member of the WilmerHale IP litigation team when WilmerHale was chosen as IP Litigation Department of the Year by the American Lawyer
  • Named a “New England Super Lawyer” by Boston Magazine every year since 2004 
  • Selected by his peers as one of the 2014-2018 Best Lawyers in America in the area of intellectual property litigation
  • Named a leading practitioner in patent law by IAM Patent 1000 in 2013-2017

Publications & News

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August 16, 2017

WilmerHale Lawyers Named Among the 2018 Best Lawyers in America®, Nine Recognized as Lawyers of the Year

Best Lawyers in America®—the oldest and most respected peer-review publication in the legal industry—recognizes 107 WilmerHale lawyers and names nine partners as Lawyers of the Year in its 24th edition.

July 24, 2017

WilmerHale Recognized in IAM Patent 1000 2017

The firm and several of its partners are ranked in IAM Patent 1000 2017 – The World's Leading Patent Professionals.

August 15, 2016

WilmerHale Lawyers Named Among the 2017 Best Lawyers in America®, Six Recognized as Lawyers of the Year

Best Lawyers in America®—a respected peer-review publication in the legal industry—recognizes 101 WilmerHale lawyers and names six partners as Lawyers of the Year in its 23rd edition.

April 20, 2015

Supreme Court Holds that TTAB Decisions May Have Preclusive Effect, Raising Stakes for Trademark Agency Proceedings

On March 24, the US Supreme Court issued a decision thatis likely to raise the stakes of proceedings before the Trademark Trial and Appeal Board (TTAB). In B&B Hardware,Inc. v. Hargis Industries, Inc., No. 13-352,the Supreme Court held that issue preclusion applies to holdings ofthe TTAB where the ordinary elements of issue preclusion aresatisfied.

February 15, 2013

WilmerHale Included in Daily Journal’s 2012 List of "Top Verdicts"

January 10, 2011

WilmerHale’s IP and Antitrust & Competition Practices Named Among Law360’s Groups of 2010

March 1, 2008

Taming Texas

An article by The American Lawyer, featuring WilmerHale Partner Mark Matuschak.

January 2, 2008

WilmerHale is The American Lawyer’s Intellectual Property Litigation Group of the Year

In its Third Biennial IP Litigation Group of the Year Contest, The American Lawyer Names WilmerHale as the Top in the Nation

September 15, 2006

OutlookSoft Prevails in Patent Infringement Lawsuit

Hyperion Patents Found to be Invalid

February 9, 2005

US Supreme Court Removes Confusion from Trademark Fair-Use Analysis

Recent Highlights

  • Successfully invalidated all 371 claims of 10 patents asserted against a major consumer products company in one of the largest IPR proceedings ever brought, thereafter affirmed by the Federal Circuit on all issues. Prior to obtaining a stay of the underlying district court action, also obtained summary judgment of noninfringement of all of the client's commercial products.
  • Successfully obtained reversal on every issue in a Second Circuit trademark litigation after being retained to handle an appeal of adverse summary judgments on descriptiveness, secondary meaning, infringement and validity, including an adverse award of more than $1 million in attorneys' fees, for a NYC-based digital advertising startup. 
  • Successfully resolved a major patent infringement case for a semiconductor company after prevailing on all key arguments in claim construction in the Eastern District of Texas
  • Retained one month before trial, obtained judgment of non-infringement in a four-year-old patent case following a month-long jury trial in the Northern District of California for a leading smartphone manufacturer.
  • Obtained the first-ever jury verdict of patent invalidity (and noninfringement) in the Eastern District of Texas.
  • Obtained a jury verdict of trade dress validity and infringement for a Japanese manufacturer involving the design of an engine against a local company in the Northern District of Mississippi, having been retained the month before trial.
  • Obtained a jury verdict of patent infringement under the doctrine of equivalents for a major medical device company when literal infringement had been precluded by claim construction.
  • Obtained a jury/bench verdict in a trademark case for a major paper manufacturer involving the mottled design of notebook covers in a small upstate New York town where the defendant was headquartered.
  • Prevailed in a bench trial involving competing claims by two significant banks to the same trademark, even where the opposing bank had begun use of the trademark first.
  • Succeeded in obtaining a complete appellate reversal of a bench trial verdict against a major financial services client pursuing a trademark infringement case, despite having been retained less than a month before the appellate briefs were due.
  • Obtained dismissal, and affirmance of that dismissal on appeal, of all copyright claims against a large auto company involving its use of the Linux operating system.
  • Successfully defended a major financial services company facing the threat of a preliminary injunction for trademark infringement in the midst of a major nationwide advertising campaign.

Professional Activities

Mr. Matuschak is a master member in the Honorable William C. Conner Inn of Court for 2015 - 2017.

Mr. Matuschak is a member of the Boston Bar Association, the American Intellectual Property Law Association, the Dartmouth Lawyers Association and the New York Intellectual Property Law Association.

Practices

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Education

JD, Columbia Law School, 1984, Harlan Fiske Stone Scholar

AB, Government, cum laude, Dartmouth College, 1981

Bar Admissions

Massachusetts

New York

Clerkships

The Hon. Neil L. Lynch, Supreme Judicial Court of Massachusetts, 1984 - 1985

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