Matthew C. Nielsen
Partner
Matthew C. Nielsen has a record of consistently delivering winning results in biotechnology and pharmaceutical cases in which millions or even billions of dollars per year are at stake. He has accomplished this in jury and bench trials, and in appeals to the Federal Circuit. The success Mr. Nielsen has enjoyed comes from his earlier experience prosecuting patent applications, his knack for creating winning themes and arguments, and his ability to take complex legal and technical issues and explain them in a way that is easily understood and persuasive. Mr. Nielsen also understands the complexities of modern patent litigation from a business perspective, and takes different approaches that are designed to efficiently achieve his clients’ business objectives.
recent client work
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As trial and appellate counsel for ICOS (a subsidiary of Eli Lilly) in a seven-day bench trial and subsequent appeal, successfully defeated a challenge to the inventorship of Eli Lilly’s blockbuster erectile dysfunction drug Cialis®. Vanderbilt Univ. v. ICOS Corp.*, 594 F. Supp. 2d 482 (D. Del. 2009), aff’d, 601 F.3d 1297 (Fed. Cir. 2010), cert. denied, 131 S.Ct. 1043 (2011).
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As trial counsel for Amgen in a six-week jury trial, successfully defended challenges to the validity of Amgen’s patents covering its blockbuster anemia drug Epogen®, which was instrumental to Amgen’s successful enforcement of those patents against Roche. Amgen, Inc.* v. F. Hoffman-La Roche Ltd., 581 F. Supp. 2d 160 (D. Mass. 2008).
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As appellate counsel for Cabela’s, successfully obtained vacatur of a district court judgment that held Cabela’s in contempt of a permanent injunction against patent infringement. Bass Pro Trademarks, L.L.C. v. Cabela’s, Inc.*, 485 F.3d 1364 (Fed. Cir. 2007).
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As trial counsel for ARS (a subsidiary of Merck-Serono) in a district-court review of an interference decision regarding endogenous gene activation, successfully obtained a decision that excluded nearly all of Cell Genesys’s evidence, which paved the way for ARS to receive a multi-million dollar payment to settle the case. Applied Research Systems ARS Holding N.V.* v. Cell Genesys, Inc. & Transkaryotic Therapies, Inc., 499 F. Supp. 2d 59 (D. Mass. 2007).
*party represented
Matthew C. Nielsen
Partner
Matthew C. Nielsen has a record of consistently delivering winning results in biotechnology and pharmaceutical cases in which millions or even billions of dollars per year are at stake. He has accomplished this in jury and bench trials, and in appeals to the Federal Circuit. The success Mr. Nielsen has enjoyed comes from his earlier experience prosecuting patent applications, his knack for creating winning themes and arguments, and his ability to take complex legal and technical issues and explain them in a way that is easily understood and persuasive. Mr. Nielsen also understands the complexities of modern patent litigation from a business perspective, and takes different approaches that are designed to efficiently achieve his clients’ business objectives.
- T.312.474.9572
- F.312.474.0448
recent client work
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As trial and appellate counsel for ICOS (a subsidiary of Eli Lilly) in a seven-day bench trial and subsequent appeal, successfully defeated a challenge to the inventorship of Eli Lilly’s blockbuster erectile dysfunction drug Cialis®. Vanderbilt Univ. v. ICOS Corp.*, 594 F. Supp. 2d 482 (D. Del. 2009), aff’d, 601 F.3d 1297 (Fed. Cir. 2010), cert. denied, 131 S.Ct. 1043 (2011).
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As trial counsel for Amgen in a six-week jury trial, successfully defended challenges to the validity of Amgen’s patents covering its blockbuster anemia drug Epogen®, which was instrumental to Amgen’s successful enforcement of those patents against Roche. Amgen, Inc.* v. F. Hoffman-La Roche Ltd., 581 F. Supp. 2d 160 (D. Mass. 2008).
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As appellate counsel for Cabela’s, successfully obtained vacatur of a district court judgment that held Cabela’s in contempt of a permanent injunction against patent infringement. Bass Pro Trademarks, L.L.C. v. Cabela’s, Inc.*, 485 F.3d 1364 (Fed. Cir. 2007).
-
As trial counsel for ARS (a subsidiary of Merck-Serono) in a district-court review of an interference decision regarding endogenous gene activation, successfully obtained a decision that excluded nearly all of Cell Genesys’s evidence, which paved the way for ARS to receive a multi-million dollar payment to settle the case. Applied Research Systems ARS Holding N.V.* v. Cell Genesys, Inc. & Transkaryotic Therapies, Inc., 499 F. Supp. 2d 59 (D. Mass. 2007).
*party represented
