Matthew A. Werber

/My focus

Patent and Technology Litigation

I have litigated cases involving a wide range of technologies with experience extending to federal jury trials and appeals, inter partes review (IPR) proceedings before the Patent Trial and Appeal Board, Section 337 investigations before the United States International Trade Commission, and arbitration tribunals. I also represent and advise clients in litigation and non-litigation matters concerning source code and enterprise software installations.

ANTI-COUNTERFEITING AND TRADEMARK ENFORCEMENT

Representing numerous world-famous brands and video game developers, I prosecute trademark enforcement lawsuits against trademark and copyright counterfeiters operating in the US and abroad with a strong record of success.

Patent and IP Portfolio Strategy

I counsel enterprises large and small on overall patent and IP portfolio strategies and bring significant experience preparing applications and other Patent Office filings.

/Representative experience

• Defending payment technology innovator Ingenico in patent lawsuits accusing Ingenico payment terminals. Successfully defeated infringement claims in an early dismissal motion.
• Enforcing world-famous OLYMPIC trademarks on behalf of the US Olympic & Paralympic Committee against online sellers offering counterfeit merchandise.
• Represented The Regents of the University of California in a patent enforcement campaign to protect its rights to light bulb technology.
• Successfully represented Kingston Technology in an ITC Section 337 patent infringement and importation investigation related to embedded firmware and imported USB flash drives. All allegations against the client were withdrawn on eve of trial.
• Defended four nationally recognized retailers against patent infringement allegations involving online interactive mapping services. A favorable resolution was reached after a partial summary judgment was granted in clients’ favor.

/Looking ahead

As co-leader of the firm’s Artificial Intelligence IP team, I have been at the forefront of providing thought leadership on the risks and opportunities presented by AI in the IP space.

/Insights

• “Copyright Office sets out framework for fair use of copyrighted works in AI training,” Nixon Peabody Intellectual Property Alert, May 30, 2025
• “USPTO answers FAQs on Inventorship Guidance for AI-Assisted Inventions,” Nixon Peabody Intellectual Property Alert, January 27, 2025
• “The USPTO issues updated AI subject matter eligibility guidance,” Nixon Peabody Intellectual Property Alert, July 23, 2024
• “The Return of Patent Opinion Letters,” Law360, January 2017
• “Just the Facts: Supreme Court Takes Aim at Treatment of Fact Questions in Two IP Decisions,” IP Litigator, March/April 2015