Overview

Matias Ferrario focuses his practice on intellectual property matters, including patent litigation, Inter Partes Review, due diligence, and counseling. He is registered to practice before the United States Patent and Trademark Office. Mr. Ferrario also has experience in complex litigation matters involving trade secret, licensing, contract, and business tort disputes. 

Mr. Ferrario has participated in cases in multiple federal courts, including the District of Columbia, District of Delaware, Eastern District of Texas, Northern District of California and Eastern District of Virginia. He has lead all aspects of complex patent matters, including trial, preliminary injunctions, and Inter Partes Review proceedings. Mr. Ferrario has substantive experience in a wide number of technical areas including biotechnology, medical devices, pharmaceuticals, semiconductors, computer systems, call processing systems, business methods, software systems, and mechanical devices.

Mr. Ferrario was recognized in The Best Lawyers in America® for Intellectual Property Litigation and Patent Litigation in 2018, 2019 and 2020. Mr. Ferrario speaks Spanish.


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Experience

Representative experience includes:

Invalidated a patent related to lubricating compositions through an Inter Partes Review. After oral argument, the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision invalidating the patent. Infineum International Limited v. Afton Chemical Corporation, IPR2017-01321 aff’d 19-1322 (Fed. Cir. January 9, 2020).

Asserted patents in the ITC and District Court against an accused infringer on behalf of an athletic apparel maker. Successfully defended the validity of three patents in Inter Partes Review proceedings, which was brought by defendants to the parallel patent infringement action. adidas America, Inc., et al. v. TRB Acquisitions, et al., 3:16-CV-1618 (D. Or. 2019).

Defended the validity of two patents related to mechanical shoe cushioning systems in Inter Partes Review proceedings, which were brought by a defendant to a parallel patent infringement action. The Patent Trial and Appeal Board found that petitioner’s failed to prove the challenged patents invalid. adidas AG v. Skechers USA, Inc., 3:16-CV-1400-SI (D. Or. 2018).

Asserted a portfolio of patents on behalf of a national medical diagnostic and laboratory service provider resulting in favorable settlements. The patents related to pioneering inventions in the field of digital PCR. Esoterix Genetic Laboratories et al. v. Myriad Genetics, 1:16-CV-01112-WO-JEP (M.D. NC 2016).

Defended company against assertions of patent infringement over patents related to Bluetooth technology. Tried through jury verdict. Fujifilm Corp. v. Motorola Mobility LLC, 12-CV-03587-WHO (N.D. Cal. 2015).

Defended a medical diagnostic company accused of infringing patents related to identifying breast cancer genes. Successfully invalidated patents in an MDL litigation, which was affirmed by the Federal Circuit. In re BRCA1- and BRCA2-based Hereditary Cancer Test Patent Litigation, MDL Case 2:14-MD-02510, 2:13-CV-01069-RJS (D. Utah 2014).

Asserted a portfolio of patents related to digital sports and fitness tracking leading to a successful settlement on the eve of trail. adidas AG v. Under Armour, 14-CV-130-GMS (D. Del. 2014).

Represented defendant against patents related to CMOS image sensors and image processing. Imperium (IP) Holdings v. Motorola Mobility LLC, 4:11-CV-00163-RC-ALM (EDTX 2013).

Represented communication company in a litigation involving a large number of patents directed to call processing software and interactive voice response units. The patents related to natural language processing, optimized storing and routing of data, and other call processing technology. In re Katz Call Processing Litigation, Case No. CV 2:07-ML-01816-B-RGK (C.D. Cal. 2012).

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Education

Case Western Reserve University, J.D. (2000)

cum laude

Wake Forest University, Post Baccalaureate Graduate Studies in Molecular Biology (1995)

University of Michigan, B.S., Cellular and Molecular Biology (1994)

Admissions

North Carolina (2008)

District of Columbia (2001)

Virginia (2000)

Court Admissions

U.S. Patent and Trademark Office

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the District of Columbia

U.S. District Court for the Eastern District of North Carolina

U.S. District Court for the Middle District of North Carolina

U.S. District Court for the Western District of North Carolina

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Professional & Community Activities

Hispanic League, Member

Local Patent Rules Committee (M.D. NC)

NC Fusion Soccer, Board Member

North Carolina Bar Association, Member

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