Matthew C. Mousley
Associate
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1804
Fax: +1 215 689 4936
Email: MCMousley@duanemorris.com

Matthew C. Mousley practices in the areas of intellectual property and information technology, including intellectual property trial and appellate litigation, patent prosecution, technology licensing, and related business transactions. Mr. Mousley's experience includes patent trial and appellate litigation involving diverse technologies such as pharmaceutical and healthcare products, telecommunications and the Internet, automation and manufacturing systems, and building and construction materials. He is regularly involved in intellectual property portfolio management, including patent prosecution, in these and other technical fields.

Mr. Mousley has assisted clients in a variety of technology-related transactional matters, including structuring, drafting, negotiating, implementing, reviewing, and/or providing legal advice regarding RFPs and responses; database, website media and content licensing agreements; software licensing, software development and consulting agreements; software escrow arrangements; open source software issues; Internet service provision and hosting agreements; service level agreements; website terms of use and privacy and security policies; technology development and joint development transactions; mergers, acquisitions, and business divestitures involving intellectual property assets; contract interpretation and renegotiation of IT infrastructure and software licensing transactions; copyright protection and enforcement issues; confidentiality agreements and trade secret issues; and legal issues related to e-commerce and doing business on the Internet, including on the Web and in virtual worlds.

Mr. Mousley is admitted to practice in Pennsylvania and New Jersey and is an active member of the International Technology Law Association (ITechLaw). Prior to joining Duane Morris, he served as a judicial clerk to the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit.

Mr. Mousley is a 2004 summa cum laude graduate of Villanova University School of Law, where he served as the executive editor of the Villanova Law Review, and a 2001 summa cum laude graduate of Franklin & Marshall College (B.A., Chemistry and French).

Representative Matters

• Represented Verizon Communications Inc. in negotiating and executing the various licensing and other agreements necessary for it to be able to spin off its local exchange and related business assets in 14 states to Frontier Communications Corp.
• Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent-infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision from the U.S. Court of Appeal for the Federal Circuit allowing it to seek an interlocutory appeal of a Court of Federal Claim's decision that Lockheed was not protected by government-contractor immunity pursuant to 28 U.S.C. §1498.
• Obtained a summary judgment ruling in favor of a major manufacturer of building materials on its false advertising claims against an entity that billed itself as providing unbiased information about roofing products sold in Washington state. A federal court determined that the entity's statements about the client's roofing shingles were false and misleading in violation of the Lanham Act and the Washington Consumer Protection Act and permanently enjoined it from making such statements in the future.
• Medicis Pharmaceutical Corp. v. Sandoz, Inc., et al., Case No. 09-033 (JJF) (D Del.). Patent infringement action regarding Sandoz's ANDA to make a generic version of Medicis's acne product Solodyn®, the active ingredient of which is minocycline hydrochloride.
• Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. FL). Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR® XR, the active ingredient of which is venlafaxine hydrochloride.
• Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del. 2010). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anti-cancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Adventis' inequitable conduct in procuring the patents.
• Zoltek v. Lockheed Martin Corporation and United States, Case No. 09-0096 (JOF) (N.D. Ga). Represents Lockheed Martin in this patent infringement action regarding F-22 fighter plane.

Professional Activities

• International Technology Law Association – ITechLaw (formerly Computer Law Association)
  - Board of Directors
  - Editor of E-Newsletter, 2010-present
  - U.S. conference and annual meeting planning committee, 2009-2011
  - Intellectual property law committee, 2007-present
  - E-commerce law committee, 2007-present

Admissions

• New Jersey
• Pennsylvania

Education

• Villanova University School of Law, J.D., summa cum laude, 2004
  Executive Editor, Villanova Law Review
• Franklin & Marshall College, B.A., summa cum laude, 2001

Experience

• Duane Morris LLP
  - Associate, 2005-present
• Judicial Clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit, 2004-2005

Selected Publications

• Co-author, "Copyright Law Implications in Video Games and Virtual Worlds," Chapter in Computer Games and Virtual Worlds: A New Frontier in Intellectual Property Law, American Bar Association Section of Intellectual Property Law (2010)
• "Supreme Court Expands the Patent Exhaustion Doctrine," Duane Morris Alert, June 10, 2008

Selected Speaking Engagements

• Co-presenter, "Security Breaches," Duane Morris Audiocast, October 2010
• Co-presenter, "An Overview of Security Laws in the United States," Duane Morris Audiocast, October 2010
• Co-presenter, " Privacy Law in the U.S.: An Overview of Laws at the Federal and State Levels," Duane Morris Audiocast, July 2010