Matthew A. Chivvis

Partner at Morrison & Foerster LLP

Matthew A. Chivvis

Matthew A. Chivvis

Partner at Morrison & Foerster LLP

Biography

Matthew Chivvis is a partner in the firm’s Intellectual Property Group, where he represents high-tech, Internet, and life sciences companies in a variety of matters. Though his practice focuses on intellectual property litigation in federal and state courts, he also regularly advises clients on plant intellectual property matters, including strategic use of plant patents, plant-variety protection certificates, and trademark rights. Mr. Chivvis has also represented clients in drug-pricing cases and pro bono clients in civil rights cases.

Mr. Chivvis has litigated patent matters in many of the top patent venues throughout the U.S., including the Northern and Central Districts of California, the Eastern District of Texas, the District of Delaware, the Federal Circuit, and the International Trade Commission. In his federal court practice, Mr. Chivvis has argued motions, examined expert witnesses (both at trial and at deposition), and given closing arguments. He has litigated a number of state court matters as well and is familiar with California’s complex case litigation procedures. Moreover, Mr. Chivvis has considerable experience practicing before the United States Patent and Trademark Office, especially in patent reexamination and inter partes review proceedings. He has been named a “Rising Star” by Super Lawyers each year from 2014 through 2016.

In his life sciences practice, clients often rely on Mr. Chivvis for his deep technical expertise and his ability to grasp complex and cutting-edge issues quickly. His life sciences work has included litigation, pre-litigation, and inter partes review proceedings involving monoclonal antibodies, protein conjugates, vaccines, biosorbable implants, drug-eluting stents, blood glucose monitoring devices, and plant genetics. Mr. Chivvis also has a background in computer science and has assisted clients in cases involving Internet firewall, network security, virtualization, smart phone, interactive television, website, and display technologies.

Mr. Chivvis earned his J.D. magna cum laude from the University of San Francisco School of Law, where he was a member of the Law Review and the recipient of the Academic Excellence Award for his graduating class. Before law school, Mr. Chivvis received a degree in molecular biology from the University of Wyoming. While there, he performed research funded by the National Science Foundation and the Department of Energy in the fields of computer science, bioinformatics, and cell metabolism.

Before joining Morrison & Foerster, Mr. Chivvis clerked for former Chief Judge James Ware of the Northern District of California.

Mr. Chivvis is registered to practice before the United States Patent and Trademark Office.

California Berry Cultivars, L.L.C. v. The Regents of the University of California

(California Superior Court and Northern District of California). Representing the University of California in dispute regarding strawberry breeding and plant patent rights.

Arch Development Corp. v. Genentech, Inc.

(Northern District of Illinois). Representing Genentech in district court and inter partes review proceedings involving patent directed to tyrosine kinase inhibitor combination therapies.

Phigenix, Inc. v. Genentech, Inc.

(Northern District of California). Representing Genentech in case involving patent directed to breast cancer treatments.

Finjan, Inc. v. Palo Alto Networks, Inc.

(Northern District of California and Patent Trial and Appeal Board). Representing Palo Alto Networks in ten-patent suit involving network security technology.

Media Queue, L.L.C. v. Netflix, Inc.

(Northern District of California and Federal Circuit). Representing Netflix in case involving patent on queue-management features. Secured early summary judgment for Netflix. Currently on appeal.

Waugh v. Doyle, et al.

(Northern District of California). Represented plaintiff in civil rights lawsuit. Court entered substantial monetary judgment in plaintiff’s favor prior to trial.

Personalized Media Communications, L.L.C. v. EchoStar Corp. and DISH Network Corp.

(Eastern District of Texas and Federal Circuit). Represented EchoStar and DISH in case involving analog and digital television technology. Case settled on favorable terms after plaintiff failed to get evidence excluded with pretrial motions.

Phigenix, Inc. v. Genentech, Inc. and ImmunoGen, Inc.

(Patent Trial and Appeal Board). Represented Genentech in defending validity of patents protecting one of Genentech’s blockbuster breast cancer therapeutics. Board declined to grant review on one patent after preliminary response was filed. Board later issued a Final Written Decision rejecting petitioner’s grounds for unpatentability on the other.

Focal Therapeutics, Inc. v. Senorx, Inc.

(Patent Trial and Appeal Board). Represented Focal in review of patented methods relating to the treatment of breast cancer. Case settled on favorable terms.

California Strawberry Commission v. The Regents of the University of California

(California Superior Court and Northern District of California). Represented the University of California in case involving research agreements for the breeding and development of strawberry cultivars. Removed to federal court under the AIA on the basis of patent infringement counterclaims. Case settled on favorable terms following removal.

Ronald A. Katz Tech. Licensing, L.P. v. EchoStar Satellite L.L.C.

(Northern and Central Districts of California). Represented EchoStar in multidistrict litigation involving interactive voice response patents. Most of the claims asserted against EchoStar were found invalid or not-infringed on summary judgment. Case settled after summary judgment on favorable terms.

Juniper Networks, Inc. v. Palo Alto Networks, Inc. and Palo Alto Networks, Inc. v. Juniper Networks, Inc.

(District of Delaware, Northern District of California, and Patent Trial and Appeal Board). Represented Palo Alto Networks in patent suits and inter partes review proceedings involving network firewall and router technology. Secured a mistrial in our client’s favor in Delaware. Cases settled after trial on favorable terms.

Williams v. Williams

(Northern District of California). Trial counsel for plaintiff in civil rights lawsuit. Currently on appeal.

In re Certain Mobile Electronic Devices Incorporating Haptics

(International Trade Commission). Represented Immersion in asserting patents covering haptic technologies against Motorola and HTC. Case settled on favorable terms.

Enriquez v. City of Fresno

(Eastern District of California). Represented plaintiff in civil rights case where jury found Fresno liable for wrongful death. Case settled on favorable terms following jury verdict.

Northpoint Tech., Ltd. v. EchoStar Tech. L.L.C. and DISH Network L.L.C.

(Western District of Texas and Federal Circuit). Secured summary judgment for EchoStar and DISH in case involving satellite television reception equipment. Affirmed on appeal.

Soverain Software, Inc. v. Shutterfly, Inc.

(Eastern District of Texas). Represented Shutterfly in infringement suit involving e-commerce patents. Case settled on favorable terms.

Hitachi Plasma Patent Licensing Co., Ltd. v. LG Electronics, Inc.

(Eastern District of Texas). Represented HPPL in asserting patents relating to plasma display panel technology. Case settled on favorable terms.

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Matthew A. Chivvis
Partner at Morrison & Foerster LLP
Education
JD, magna cum laude
Class of 2007

The University of San Francisco School of Law strives for excellence in education underscored by a deep commitment to justice. The law school pursues excellence in a humane, diverse, and intellectually vibrant learning community of outstanding teachers and scholars dedicated to training ethical professionals. Consistent with the Jesuit tradition, the law school contributes to society by inspiring the pursuit of justice and serving the many communities—from the academic to the professional and the local to the global—of which it is a part.

BS in Molecular Biology
Class of 2004

The University of Wyoming is a land-grant university located in Laramie, Wyoming, situated on Wyoming's high Laramie Plains, at an elevation of 7,220 feet (2194 m), between the Laramie and Snowy Range mountains. It is known as UW (often pronounced "U-Dub") to people close to the university. The university was founded in March 1886, four years before the territory was admitted as the 44th state, and opened in September 1887. The University of Wyoming is unusual in that its location within the state is written into the state's constitution. The university also offers outreach education in communities throughout Wyoming and online. The University of Wyoming consists of seven colleges: agriculture and natural resources, arts and sciences, business, education, engineering and applied sciences, health sciences, and law. The university offers over 120 undergraduate, graduate and certificate programs including Doctor of Pharmacy and Juris Doctor. The University of Wyoming was featured in the 2011 Princeton Review Best 373 Colleges. In addition to on-campus classes in Laramie, the university's Outreach School offers more than 41 degree, certificate and endorsement programs to distance learners across the state and beyond. These programs are delivered through the use of technology, such as online and video conferencing classes. The Outreach School has nine regional centers in the state, with several on community college campuses, to give Wyoming residents access to a university education without relocating to Laramie.

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Career History
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Current

Morrison & Foerster is a firm of exceptional credentials. Their name is synonymous with a commitment to client service that informs everything that they do. They are recognized throughout the world as a leader in providing cutting-edge legal advice on matters that are redefining practices and industries.

Awards & Honors
2016
Super Lawyers - Rising Star
2015
Super Lawyers - Rising Star
2014
Super Lawyers - Rising Star
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