Mary B. Matterer has practiced patent litigation in the District Court of Delaware for more than 15 years. She frequently serves as Delaware counsel for law firms well known for their experience in patent and complex commercial litigation.
Her practice consists of diverse forms of litigation, including intellectual property, commercial, and complex insurance coverage litigation. Mary primarily handles patent litigation across a wide range of industries, including pharmaceuticals, telecommunications, automotive, biomedical, electronics, and internet/software. She successfully defended the City of Wilmington against a claim of copyright infringement brought by a former employee.
She has also represented insurance companies in multimillion dollar disputes involving demands for coverage with respect to environmental and products liability claims under general liability policies, and also demands for coverage under directors and officers policies. She has served as Liaison Counsel for insurers where numerous insurers were brought into the lawsuit. She represented an excess insurer regarding liability for defense costs incurred by Intel in defending against claims of anticompetitive activity. Summary judgment of no liability for such costs was granted in favor of this and other insurers.
Mary is praised by her clients, who appreciate her familiarity with the courts, as well as by judges who find her “confident, responsive, and flexible,” according to Chambers USA - America's Leading Lawyers for Business, 2008. She was again cited by Chambers USA in 2012 “as a source of confidence; clients particularly highlighting her coolness under pressure and ability to make progress in a tense environment."
- Patent infringement claims
- Complex insurance litigation
American Law and Legal English Institute
Mary combines her background in linguistics and law by frequently lecturing at the University of Delaware on the topic of intellectual property as part of the American Law and Legal English Institute for foreign attorneys and judges.
Delaware State Bar Association
American Bar Association, Intellectual Property and Litigation Sections
American Intellectual Property Law Association
Returned Peace Corps Volunteers of Delaware Association, 2005-Present
In re: Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation
Patent– ANDA-Amrix/ Cyclobenzaprine Hydrochloride
Acura Pharmaceuticals, Inc. v. Par Pharmaceuticals and
Acura Pharmaceuticals, Inc. v. Sandoz
Patent– ANDA - Oxecta /oyxcodine hydrcloride
Pfizer, Inc. v. Impax Laboratories, Inc.
Patent– ANDA - Toviaz/fesoterodine
Pfizer, Inc., et al. v. Mylan Pharmaceuticals, Inc., et al.
Patent– ANDA - Lyrica/pregabalin
Bristol-Myers Squibb Co., et al. v. Mylan Pharmaceuticals, Inc., et al.
Patent– ANDA - Sustiva/efavirenz
Warner Chilcott Company LLC et al v. Mylan Pharmaceuticals Inc.
Patent– ANDA - Actonel/risedronate
Pfizer Inc. et al v. Zydus Pharmaceuticals USA Inc. et al.
Patent– ANDA - Pristiq/desvenlafaxine
Santarus Inc. et al v. Mylan Inc. et al.
Patent– ANDA - Fenoglide/fenofibrate
Alcon Research Ltd. v. Mylan Pharmaceuticals Inc. et al.
Patent– ANDA - TRAVATAN Z (treatment of glaucoma)
Roche Palo Alto LLC et al v. Mylan Pharmaceuticals Inc.
Patent– ANDA - VALCYTE/valganciclovir
Teijin Limited et al. v. Mylan Pharmaceuticals Inc.
Patent– ANDA - Uloric,/ febuxostat
In Re: Bendamustine Consolidated Cases
Patent– ANDA - TREANDA/bendamustine
Salix Pharmaceuticals Ltd. et al v. Mylan Pharmaceuticals Inc.
Patent– ANDA - Giazo/balsalazide
Fresenius Kabi USA LLC v. Mylan Laboratories Limited et al
Patent– ANDA - Diprivan/propofol
Duchesnay Inc. et al v. Actavis Inc. et al.
Patent– ANDA - Diclegis/doxylamine
Cequel Communications LLC et al v. Rates Technology Inc.
Le v. City of Wilmington, et al.
Eisai Inc., et al v. Banner Pharmacaps Inc., et al.
Patent– ANDA -Targretin / bexarotene
Galderma Laboratories Inc. et al v. Amneal Pharmaceuticals LLC et al.
Patent– ANDA -Oracea/doxycycline
Kissei Pharmaceutical Co. Ltd. et al v. Hetero USA Inc., et al.
Patent– ANDA -RAPAFLO/silodosin
Flashpoint Technology, Inc. v. ZTE Corporation et al.
Patent–Computer Imaging Technology
Pragmatus Mobile LLC v. ZTE (USA) Inc.
Patent– Personal Security and Tracking System Technology
Helsinn Healthcare SA et al v. Cipla Ltd. et al.
Patent– ANDA- Aloxi/palonosetron
Pfizer Inc. et al v. Aurobindo Pharma Ltd. et al.
Patent– ANDA- TYGACIL/tigecycline
Orthophoenix LLC v. Ascendx Spine Inc. et al.
Patent– Medical technology
Orthophoenix LLC v. Osseon Therapeutics Inc. et al.
Patent– Medical technology
Orthophoenix LLC v. Sintea Plustek LLC et al.
Patent– Medical technology
Pragmatus Telecom LLC v. Aspect Software Inc.
Endeavor MeshTech Inc. v. Mueller Systems LLC and Endeavor MeshTech Inc. v Schneider Electric USA Inc.
Patent– Wireless Communications Technology
Forest Laboratories LLC et al v. Amneal Pharmaceuticals LLC et al. (Client Par Pharmaceutical)
Patent–ANDA- Namzaric/donepezil hydrochloride/memantine hydrochloride
News & Media Mentions
- August 16, 2017
- May 26, 2017Chambers USA
- October 24, 2016
- August 16, 2016Best Lawyers®
- May 27, 2016Chambers USA
- October 26, 2015
- August 18, 2015
- May 19, 2015
- November 14, 2014
- October 21, 2014
- May 23, 2014
- January 17, 2014ABA Journal
- August 15, 2013Best Lawyers® 2014
- May 29, 2013Chambers USA
- August 30, 2012
- June 4, 2012
- December 14, 2011
- August 31, 2011
- December 16, 2010Corporate Counsel Magazine
- June 16, 2010
- Best Lawyers® Names 15 Morris James Attorneys and Ranks the Firm #1 in Delaware for Education Law and Elder LawOctober 12, 2009
- June 10, 2009
Articles & Publications
Mary was cited by Chambers USA an experienced IP litigator who handles patent disputes for a broad range of clients from the biomedical, electronics, telecommunications and automotive industries, among others. Sources describe her as "prompt, responsive and professional."
Delaware Today®, Top Lawyers, 2014-2016
Chambers USA - Recognized for Intellectual Property Law, 2008-2017
Best Lawyer®, 2009-2018
Corporate INTL Magazine®, "Attorney of the Year in Delaware," 2014
Delaware Journal of Corporate Law, Law Review
Ruby Vale Summer Clerkship, Delaware Superior Court
Clerk for The Honorable John E. Babiarz, Jr., Delaware Superior Court
United States District Court, District of Delaware
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Federal Circuit
Widener University School of Law, J.D., cum laude, 1988
Ohio University, M.A.,1979
University of Delaware, B.A.,1971