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. She currently serves as a member of the U.S. District Advisory Committee for the Delaware District Court.
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. The District Court of Delaware found on summary judgment that the copyright belonged to the city under the work made for hire doctrine, and that decision was affirmed by the Third Circuit Court of Appeals.
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 (ANDA) claims
- Insurance disputes
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, International Law Section, Former Chair
American Bar Association, Intellectual Property and Litigation Sections
Returned Peace Corps Volunteers of Delaware Association, 2005-Present
Boehringer Ingelheim Intern. GMBH v. Barr Laboratories, Inc.
Patent Infringement -ANDA
Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc.
AT&T Corp. v. Clarendon American Ins. Co.
Insurance coverage dispute
In re '318 Patent Infringement Litigation
AT&T Corp. v. Faraday Capital Ltd.
Insurance coverage dispute
Wyeth v. Impax Laboratories, Inc.
AT&T Corp. v. Clarendon America Ins.
Insurance coverage dispute
LML Patent Corp. v. Telecheck Services, Inc.
Patent Infringement-Electronic Checking Technology
Royal Indem. Co. v. General Motors Corp.
Shire Laboratories v. Impax Laboratories
Liggett Group, Inc. v. Ace Property and Cas. Ins. Co.
Insurance coverage for tobacco claims
ABB Flakt, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa.
E.I. du Pont de Nemours & Co. v. Allstate Ins. Co.
Insurance coverage for pollution claims
Hoechst Celanese Corp. v. Certain Underwriters at Lloyd's London
Insurance coverage for leaky plumbing fixtures
Coalition to Save Our Children v. State Bd. of Educ.
Federal Supervision of Wilmington Schools
Continental Cas. Co. v. General Battery Corp.
Monsanto Co. v. Aetna Cas. & Surety Co.
Monsanto Co. v. American Centennial Ins. Co.
Bristol-Myers Squibb Co. v. Mylan Pharmaceuticals Inc.
Patent Infringement-ANDA (efavirenz)
CareFusion 303 Inc. v. Hospira, Inc.
Patent Infringement-medication management system
Cephalon Inc. v. Impax Labs. Inc.
Patent Infringement-ANDA (Fentora)
Collarity, Inc. v. Google Inc.
Patent Infringement-search phrase refinement to aid in computer searches
Commonwealth Research Group LLC v. Cypress Semiconductor Corp
Patent Infringement- system for conserving energy among electrical components
CyberFone Systems LLC v. CNN Interactive Group Inc.
Patent Infringement-Telephone device and system for entering data into databases
DataCarriers L.L.C. v. Research in Motion Corp.
Patent Infringement-proactive presentation of automating features to a computer user
Eon Corp. v. FLO TV
Patent Infringement-software controlled multi-mode interactive tv systems
Abbott Labs. V. Impax Labs. Inc.
Patent Infringement-ANDA (Simcor)
American Guarantee & Liability Ins. Co. v. Intel Corp.
Insurance Coverage for legal fees regarding antitrust activity claims
Le v. City of Wilmington
Copyright Infringement – instant ticketing computer software
News & Media Mentions
- 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
- August 4, 2010
- 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
- October 23, 2008
Articles & Publications
Latest Blog Posts
- Claim terms are construed in erythropoietin case
- Claim terms are construed in multicarrier communication systems case
- Summary judgment motions are resolved
- Motion to continue trial date is denied
- Claims are construed in ANDA case relating to crystalline modifications
- Claims are construed in network communications case
- Terms are construed and summary judgment is denied in pharmaceutical case
- Motion for reconsideration is denied
- View More
Delaware Patent Litigation Report
Mary was cited by Chambers USA as a source of confidence; clients particularly highlighting her coolness under pressure and ability to make progress in a tense environment.
Delaware Today®, Top Lawyers, 2014-2016
Chambers USA - Recognized for Intellectual Property Law, 2008-2016
Best Lawyer®, 2009-2017
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
Widener University School of Law, J.D., cum laude, 1988
Ohio University, M.A.,1979
University of Delaware, B.A.,1971