Matthew M. Zuziak is an associate in Sterne Kessler’s Trial & Appellate Practice Group. He is an experienced intellectual property trial attorney with a practice focused on patent, trade secret, and trademark disputes in federal district courts, the U.S. International Trade Commission (ITC), the Patent Trial and Appeal Board (PTAB), and the United States Court of Appeals for the Federal Circuit. Matt has litigated patents on a wide variety of technologies including pharmaceuticals, DNA sequencing, automotive components, industrial food slicing and packaging, high performance computing, and telecommunications.
Matt has experience in all stages of patent litigation including briefing and arguing motions in court, conducting fact and expert discovery, taking and defending depositions, and examining expert and fact witnesses at trial. He also has experience in brand enforcement work, including trademark and brand protection matters, and anti-counterfeiting actions in federal court.
Over the past two years, Matt has served as trial counsel in two jury trials and one bench trial in cases involving claims of patent infringement, trade secret misappropriation, false advertising, trademark infringement, and counterfeiting. Most recently, he represented a plaintiff in a bench trial where the court awarded enhanced damages and attorneys’ fees to the plaintiff, after finding the defendants liable for willful trademark infringement, counterfeiting, and design patent infringement, awarding the plaintiff enhanced damages and attorneys’ fees. Last year, he represented a plaintiff in a trial where the jury returned a verdict of willful false advertising in favor of the plaintiff and awarded the plaintiff both compensatory and punitive damages.
Matt received his B.S., cum laude, and M.S. in chemistry with a concentration in biochemistry and organic chemistry from DePaul University College of Science and Health. While in law school, Matt was a staff editor on the DePaul Journal of Art, Technology & Intellectual Property Law, a member of the Appellate Moot Court Society, and a judicial extern for Judge Amy J. St. Eve, formerly of the United States District Court for the Northern District of Illinois.
- Volkswagen Group of America, Inc. and Audi AG v. Varona et al. (S.D. Fl.) (counsel for Volkswagen and Audi in an anti-counterfeiting, trademark infringement, and design patent infringement suit involving sellers of counterfeit wheel sets; prevailed on all Counts and obtained $1.2 million in enhanced damages and attorneys’ fees due to defendants’ willful infringement)
- Automobili Lamborghini S.p.A. et al v. Lamborghini Latino America USA et al. (E.D. Va.) (counsel for Lamborghini in an anti-counterfeiting and trademark infringement suit involving sellers of counterfeit goods; obtained $5 million in statutory damages and a permanent injunction in favor of Lamborghini)
- TRUSTID, Inc. v. Next Caller, Inc. (D. Del.) (counsel for plaintiff in a trial where the jury returned a verdict of willful false advertising in favor of the plaintiff and awarded both compensatory and punitive damages)
- IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc. (D. Del.) (counsel for Teva in patent infringement suit relating to pharmaceutical for hypothyroidism; patent found invalid as indefinite at Markman stage in favor of Teva, which was affirmed on appeal by the Federal Circuit)
- Osmotica Pharmaceutical US LLC et al. v. Adamas Pharmaceuticals, Inc. et al. (D. Del.) (represented Osmotica in patent infringement suit relating to pharmaceutical for Parkinson’s disease)
- Duke University et al v. Sandoz Inc. (D. Colo.) (represented Sandoz in patent infringement suit relating to pharmaceutical for growing eyelash hair)
- Rhodes Pharmaceuticals LP v. Actavis Inc. (D.N.J.) (represented Rhodes Pharmaceuticals in patent infringement suit relating to pharmaceutical for treatment of ADHD)
ITC and Court of International Trade:
- Wirtgen America, Inc. v. United States (Ct. Int’l Trade) (counsel for Wirtgen; obtained permanent injunction barring U.S. Customs and Border Protection from improperly preventing Wirtgen’s redesigned machines from entering the U.S.)
- Certain Lithium Ion Batteries, Battery Cells, Battery Modules, Battery Packs, Components Thereof, Inv. No. 337-TA-1159 (I.T.C.) (represented third-party in defeating motion to compel and securing public interest exemption)
American Bar Association, Section of Intellectual Property Litigation, Co-Chair of the Inequitable Conduct Subcommittee
The Giles S. Rich American Inn of Court