Nicholas T. Matich

Nicholas Matich is a principal focused on litigation at the intersection of law and technology. Prior to joining the firm, Nick served in the White House as Special Assistant to the President and Deputy General Counsel of the Office of Management and Budget. Later, Nick was named Acting General Counsel of the United States Patent and Trademark Office. Nick’s clients include Fortune 500 companies, large privately held companies, a major research university, as well as newly founded companies and individuals.

Since joining McKool, IAM has selected Nick three times as one of the world’s top 300 IP strategists and LawDragon named Nick three times as one of the 500 Leading Litigators in America. These publications described Nick as: “A thoughtful advisor, tenacious advocate, and a brilliant lawyer”; he “handles disputes flawlessly and delivers top results.”

Immediately after law school, Nick served as a law clerk for the Honorable Richard C. Wesley of the United States Court of Appeals for the Second Circuit. Nick earned his bachelor’s degree summa cum laude from the University of Notre Dame and his law degree from the University of Virginia School of Law, where he was Senior Editor of the Virginia Law Review. Before attending law school, Nick served in the United States Navy as a Surface Warfare Officer and made several overseas deployments.

Nick lives in Alexandria, Virginia with his wife and their six children.

Trade Secret, Copyright, and Trademark Matters

• Anduril Industries Inc. v. Salient Motion Inc. et al., 23-cv-01650 (C.D. Cal.) – Lead counsel for military artificial intelligence and autonomous vehicle company Anduril in trade secrets dispute with former employees and their new company.
• The Real United States Football League v. Fox Sports, Inc., et al., 2:22-cv-01350 (C.D. Cal.) – Lead counsel in representation of professional football franchise owners organization against Fox Sports in a trademark and false advertising dispute arising from Fox’s launch of a new football league.  The case settled after the court ruled that our clients were likely to succeed on the merits.
• Actian Corp. v. Sabre GLBL Inc., 24-cv-00034 (N.D. Tex) – Representing software company Sabre in copyright and licensing dispute.
• International Watchman Inc. v. Reeds Wilmington Jewelers Inc., 23-cv-2396 (N.D. Ohio) – Obtained complete dismissal of trademark claims against Reeds Jewelers.
• Elenza, Inc. v. Alcon Research Ltd., et al., No. N14C-03-185 (Del. Sup. Ct.) – Successfully represented medical device manufacturer in trade secret dispute regarding ophthalmic implant. (Prior to joining McKool Smith)
• Advised on and negotiated IP transactions for a professional education company. (Prior to joining McKool Smith)
• Advised on-line retailer on false advertising and data protection matters. (Prior to joining McKool Smith)
• Advised trade association of major copyright holders on copyright matter. (Prior to joining McKool Smith)

Antitrust and Related Matters

• Representing more than twenty companies that opted out of the $2.7 billion settlement of the In re Blue Cross Blue Shield Antitrust Litigation.  In that matter the plaintiffs accused the Blue Cross Blue Shield Association and the Blue Cross Blue Shield health insurance companies of engaging in territorial market allocation in violation of federal antitrust law.
• HTC Corp., et al. v. Ericsson Inc., et al., No. 19-40566 (5th Cir.) – Argued and drafted briefs for the United States in appeal of standard essential patent licensing dispute. (Prior to joining McKool Smith)
• Advised USPTO Director regarding standard essential patent policy. (Prior to joining McKool Smith)
• Advising major standard essential patent holders on FRAND commitments

Qui Tam Matters

• Advising relator in confidential matter

Patent Matters

• Laser Spallation Technologies, LLC v. The Boeing Company, 23-cv-02294 (C.D. Cal.) – Lead counsel for Boeing defending infringement claims brought by a University of California spin-out entity.
• Greenthread and Vervain Litigation (W.D. Tex., D. Del., E.D. Tex., D. Or.) – McKool Smith client, Dr. Mohan Rao, is a pioneering semiconductor innovator who has more than 100 patents to his name and has inventions featured in the Smithsonian Museum of American History.  Companies affiliated with Dr. Rao have generated more than $50,000,000 in licensing revenue in matters where they were represented by McKool Smith.
• University of Texas – Lead counsel representing the University of Texas in an out-of-court dispute with a licensee of the University’s technology.
• Harmony Licensing, LLC v. Silicom Connectivity Solutions Inc., 2:22-cv-01346 (W.D. Was.) – Lead counsel for publicly traded networking and data infrastructure company as defendant in patent infringement action.  Obtained complete walkaway dismissal of all claims.
• Collision Communications, Inc. v. Nokia Corporation, et al., 2:21-cv-00308 (E.D. Tex.) – Defended Nokia in patent and contract disputes regarding Nokia’s cellular infrastructure products.
• Ericsson, Inc. v. Samsung Electronics Co., Ltd., et al., 2:20-cv-380 (E.D. Tex.) – Represented Ericsson and successfully obtained a preliminary injunction against a foreign anti-suit injunction in standard essential patent litigation.  The case settled shortly after the court issued the injunction in our client’s favor.
• Nokia Technology Oy v. Lenovo Technology Co., Ltd., et al., 337-TA-3466 (ITC); 5:20-cv-8650 (N.D. Cal.); 5:19-cv-0427 (E.D.N.C.) – Represented Nokia in RAND patent infringement litigation regarding video compression technology in multiple district courts and the ITC.  Nokia announced that the settlement of the case “reflects Nokia’s decades-long investments in R&D and contributions to cellular and multimedia standards.”
• Advised major biologic innovator defending challenges to its patent portfolio.
• AbbVie Biotechnology, Ltd. v. United States, No. 17-2304 (Fed. Cir.) – Argued and briefed appeal from PTAB’s determination of unpatentability of claims for dosing regimens for the rheumatoid arthritis treatment HUMIRA®. The Federal Circuit affirmed the PTAB decision in full. (Prior to joining McKool Smith)
• Kaken Pharmaceutical Co., Ltd., et al. v. Iancu, No. 18-2232 (Fed. Cir.) – Argued appeal from the PTAB’s determination of unpatentability of claims for the onychomycosis drug JUBLIA®. (Prior to joining McKool Smith)
• Amgen Inc., et al., v. Iancu, No. 19-2171 (Fed. Cir.) – Briefed appeal from the PTAB’s invalidation of patent claiming methods of manufacturing biologics. (Prior to joining McKool Smith)
• In re: Thomas, No. 19-2053 (Fed. Cir.) – Argued and briefed appeal in defense of USPTO’s § 101 rejection of patent application for computer networking technology. (Prior to joining McKool Smith)
• In re: Boloro Global Ltd., No. 19-2349 (Fed. Cir.) – Represented USPTO Director in constitutional challenge to the PTAB. (Prior to joining McKool Smith)

• IAM Strategy 300 (2022, 2023, 2024)
• IAM Patent 1000 (2024)
• Lawdragon 500 Leading Litigators in America (2023, 2024, 2025)
• Super Lawyers, "Rising Star" 2023-2024
• Ranked among the Top 50 Most Active Attorneys Representing Patent Owners in Patexia's PTAB Intelligence Report (2024)