Matthew Leary



Matthew Leary is an intellectual property lawyer who draws on his experience as an electrical and computer engineer and founder of two software companies to advise clients on a variety of matters regarding patent law. His practice focuses on post-grant proceedings such as inter partes reviews and covered business method reviews as well as licensing, patent counseling and procurement and transactional matters. Mr. Leary’s litigation experience includes more than a half-dozen patent trials in various District Courts as well as oral hearings before the Patent Trial and Appeal Board.

Mr. Leary has litigated, written, and/or prosecuted patents and applications in a wide range of technology areas. He has been involved in technologies including: optical communication systems, semiconductor architectures, embedded software for real-time systems, signal processing, database storage architectures, DC power converters and Internet-based applications such as browser add-ons and context-driven web advertising.

Prior to first joining WilmerHale as a senior associate in 2009, Mr. Leary was a patent litigation associate at another firm in Boston. He was responsible for various aspects of litigation, from pre-suit investigations to involvement in a successful jury trial. 

Mr. Leary was a senior component architect at Evolving Systems from 1999 to 2003. He led engineering for the majority of the company’s then-recent telecom products, including its flagship product for wireless number portability. He was the principal and founder of Elite Systems, Inc., a software consulting firm, from 1995 to 2000. Elite Systems implemented large-scale systems in manufacturing command and control, decision-support, resource management, finite-capacity scheduling and inventory control, many for Fortune 500 companies. Mr. Leary was previously a principal and founder of Softworks, Inc., a Colorado-based software and networking consulting firm. In addition, Mr. Leary was a food and restaurant critic for Denver’s 5280 Magazine.

Professional Activities

Mr. Leary is admitted to practice before the US District Court for the District of Colorado, the US District Court for the District of Massachusetts, the United States Court of Appeals for the Federal Circuit and the US Patent and Trademark Office.

Mr. Leary is a member of the American Intellectual Property Law Association.

Honors & Awards

  • Recognized as a 2016 "Rising Star" by Colorado Super Lawyers in intellectual property litigation

Publications & News


May 10, 2017

WilmerHale Prevails in $2B Patent Case on Behalf of Intel

The six-day jury trial held in the US District Court of Delaware before Judge Richard Andrews resulted in a finding of no infringement on all eight asserted claims.

December 9, 2009

WilmerHale Announces 2010 Promotions

WilmerHale is pleased to announce the firm's 2010 elevations, which will become effective on January 1, 2010. A full list of elevated partners and special counsel can be found at the end of this press release.

February 26, 2008

U.S. Patent No. 7,337,361, Test Harness for Enterprise Application Integration Environment

Leary, et al.

January 1, 2007

Adverse to What? The Increasing Value of Patent Opinions after Knorr-Bremse

Written by Matthew J. Leary, published in 25 Cardozo Arts & Ent. L. J., 271-299 (2007).

January 1, 2005

Welding the Hood Shut: The Copyrightability of Operational Outputs and the Software Aftermarket in Maintenance and Operations

Written by Matthew J. Leary, published in 85 B.U. L. REV. 1389 (2005).

Speaking Engagements


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JD, magna cum laude, intellectual property concentration with honors, Boston University School of Law, 2006, Notes Editor, Boston University Law Review

BS, Electrical and Computer Engineering, University of Colorado, 1989

Bar Admissions



United States Patent and Trademark Office

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