For more than 15 years, Matthew C. Nielsen has delivered winning results to clients such as Amgen, Cabela’s, Eli Lilly, Illumina, Merck-Serono, and RR Donnelley. He has accomplished this in jury and bench trials, and in appeals to the Federal Circuit. Mr. Nielsen’s success comes from his earlier practice prosecuting patent applications, his knack for developing winning themes and arguments, and his ability to take complex legal and technical issues and explain them in a way that is easily understood. Mr. Nielsen also provides strategic counseling to both mature and emerging clients on protecting their intellectual property and navigating the IP rights of others. In 2013, Mr. Nielsen was selected for inclusion in the Illinois Rising Stars® list, featuring outstanding young attorneys in the State of Illinois.
- Allos Therapeutics, Inc., et al.* v. Teva Pharmaceuticals USA, Inc., et al. (D. Del.). Trial counsel for Allos Therapeutics, Sloan-Kettering, Southern Research Institute, and SRI International against four generic-drug-company defendants in ongoing Hatch-Waxman litigation over patents covering T-cell lymphoma drug Folotyn®.
- Abbott GmbH & Co. KG v. Yeda Research and Development Co. Ltd.* (D.D.C.). Trial counsel for Yeda in ongoing district court review of patent interference decisions regarding TNF-binding proteins.
- Life Technologies Corp., et al. v. Illumina, Inc., et al.* (S.D. Cal.). Trial counsel for Illumina in litigation over patents directed to nucleic acid amplification and sequencing technologies. Defeated all of Life Technologies’ infringement claims on summary judgment, which led to a favorable settlement for our client.
- Pfizer Inc., et al.* v. Teva Pharms. USA Inc., et al. (D. Del.). Trial counsel for Northwestern University against seven generic-drug-company defendants in Hatch-Waxman litigation over patents covering blockbuster fibromyalgia drug Lyrica®. The district court ruled in favor of our client and Pfizer on all issues, and the Federal Circuit affirmed.
- Vanderbilt Univ. v. ICOS Corp.* (D. Del and Fed. Cir.). Trial and appellate counsel for ICOS (a subsidiary of Eli Lilly). In a seven-day bench trial and subsequent appeal, defeated a challenge to the inventorship of Eli Lilly’s erectile dysfunction drug Cialis®.
- Amgen, Inc.* v. F. Hoffman-La Roche Ltd. (D. Mass). Trial counsel for Amgen in a six-week jury trial. As part of Amgen’s successful enforcement of patents covering its anemia drug Epogen®, successfully defeated Roche’s challenges to the validity of the patents.
- Bass Pro Trademarks, L.L.C. v. Cabela’s, Inc.* (Fed. Cir.). Appellate counsel for Cabela’s. Obtained a decision overturning a district court’s earlier judgment holding Cabela’s in contempt of a permanent injunction against patent infringement.
- Applied Research Systems ARS Holding N.V.* v. Cell Genesys, Inc. & Transkaryotic Therapies, Inc. (D. Mass.). Trial counsel for ARS (a subsidiary of Merck-Serono). In a district-court review of an interference decision regarding endogenous gene activation and a related infringement action, obtained a decision that excluded nearly all of Cell Genesys’s evidence. That led to our client favorably settling its infringement case against TKT.
Background and Credentials
Mr. Nielsen received his law degree, cum laude, from the University of Notre Dame Law School in 1999, where he was a member of the appellate moot court team, and an articles editor for the Notre Dame Journal of Law, Ethics & Public Policy. He received his B.S. degree in biological sciences from the University of Notre Dame in 1996.
- University of Notre Dame Law School (J.D., cum laude)
- University of Notre Dame (B.S.)
- Biological Sciences
- U.S. Court of Appeals, Federal Circuit
- U.S. Circuit Court of Appeals, Seventh Circuit
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Central District of Illinois
- U.S. Patent and Trademark Office
Publications and Presentations
- “Fed. Circ. May Ditch Rigid Stance After High Court Reversals,” quoted, IP Law360, June 27, 2014.
- “Burden of Proof: U.S. Supreme Court Backs Licensees,” Life Sciences Intellectual Property Review Quarterly (Volume 1, Issue 2), 2014.
- “The Unified Patent Court and the Unitary Patent,” (panel speaker at American Chemical Society National Meeting & Exposition, September 2013).
- “Multi-Party and Cross-Border Patent Issues Affecting Biotech Businesses,” (panel moderator and speaker at 2013 BIO International Convention).
- “Subduing the troll,” Intellectual Property Magazine, March 2013.
Community and Professional Involvement
- Intellectual Property Owners Association (IPO)
- The Richard Linn American Inn of Court