Matt Hertko represents clients in high-stakes patent litigation, with a particular emphasis on representing innovator pharmaceutical companies in actions brought under the Hatch-Waxman Act.
Matt has experience in all aspects of IP litigation, including conducting direct and cross-examinations of fact and expert witnesses at jury and bench trials; arguing and presenting at Markman, evidentiary, and other types of hearings; drafting various types of briefs and motions, including summary judgment and Markman briefs; and taking and defending depositions of fact, corporate, and expert witnesses.
In addition to representing clients in Hatch-Waxman litigation, Matt has represented clients in a broad spectrum of other technologies, serving as trial counsel for clients in the semiconductor, integrated circuit, consumer electronics, communications, automotive, business machine, nutraceutical, and liquid crystal display markets.
Matt's practice includes representing clients in jury trials, International Trade Commission (ITC) proceedings, arbitrations, Markman and other evidentiary proceedings, bankruptcy proceedings, and mediations. He has litigated in jurisdictions throughout the United States, including popular patent venues such as the District of New Jersey, District of Delaware, Eastern District of Texas, Northern District of California, Northern District of Illinois, Western District of Wisconsin, Southern District of New York, and the ITC, and has represented clients in post-grant proceedings before the Patent Trial and Appeal Board (PTAB).
Matt has written and spoken extensively on patent law, the America Invents Act, and biosimilars and the Biologics Price Competition and Innovation Act (BPCIA). He is also actively involved in the community and sits on the Board of Directors for the Make-A-Wish Foundation of Illinois.
The following represents experience acquired prior to joining Jones Day.
Represented Apex Tool Group in a patent litigation in the Northern District of Illinois involving hand tools.
Represented Hitachi and its subsidiaries in an alleged price-fixing antitrust proceeding in the Northern District of California related to CRTs (cathode ray tubes) and CRT-containing products.
Represented Aker BioMarine in an ITC proceeding relating to the composition of krill oil extracts as a source of omega-3 phospholipids.
Represented Seiko Epson Corp. in an ITC proceeding (and related litigation in the Eastern District of Texas) relating to memory card interfaces as used in printer products.
Represented TransData in an MDL patent litigation in the Western District of Oklahoma involving electric meters.
Represented NEC Corp. in patent litigation in the Eastern District of Texas relating to content-addressable storage systems.
Represented Konica Minolta in patent litigation in the Eastern District of Texas relating to Ethernet functionality as implemented in printer products.
Represented Subaru in patent litigation in the Eastern District of Michigan involving automobile piston coatings.
Represented Elpida Memory in an intellectual property licensing dispute in the U.S. Bankruptcy Court for the Eastern District of Virginia.
Represented Seiko Epson Corp. and its subsidiary in patent litigation in the Northern District of California involving wireless functionality and the 802.11 standard.
Represented Hitachi and its subsidiaries in patent litigation in the Northern District of California involving computer architecture and internal communication.
Represented Rohm in patent litigation in the Eastern District of Texas involving inverter controller circuits as used in LCD panels.
Represented Xerox in patent litigation in the Eastern District of Texas involving various electrical, mechanical, and chemical aspects of photocopy machines and components.
180-Day Notice of Commercial Marketing Mandatory Even When Biosimilar Applicants Do the "Patent Dance"
- University of Illinois (J.D. summa cum laude 2005; Order of the Coif; Articles Editor, Law Review); Northwestern University (B.S. in Civil Engineering 2002)
- Illinois, U.S. Court of Appeals for the Federal Circuit, and U.S. District Courts for the Northern District of Illinois, Eastern District of Michigan, Western District of Oklahoma, and Eastern District of Texas