Matthew J.Silveira (Matt)

Partner

San Francisco + 1.415.875.5715

Matt Silveira focuses his practice on appellate and civil litigation in federal and state courts, where he has successfully handled dozens of appeals and dispositive motions for clients. He has experience in a wide range of substantive legal areas, including intellectual property, antitrust, securities, finance, false claims, insurance, health care, and labor and employment.

Matt regularly argues in the Federal Circuit, Ninth Circuit, and California Courts of Appeal and has briefed appeals and petitions for discretionary review in appellate courts around the country. He also has written briefs resulting in victories after trial, on summary judgment, at the dismissal stage, and in connection with requests for injunctive relief. Recent engagements include: arguing Federal Circuit appeals resulting in the first precedential decision finding jurisdiction over a foreign patent holder in more than a decade and a rare reversal of a Patent Trial and Appeal Board's finding of patent invalidity; advising on legal and motion strategy in copyright and patent infringement trials, resulting in successful jury verdicts; and obtaining affirmance of an order striking tort claims against a major bank client on anti-SLAPP grounds.

Matt also maintains a varied pro bono practice, including the representation of civil rights plaintiffs in the federal courts and immigration clients in administrative review proceedings before the Ninth Circuit and the Board of Immigration Appeals.

Experience

  • Global financial institution defends claims in VRDO mattersJones Day is defending a global financial institution in several matters related to its activities as remarketing agent for variable rate demand obligations (“VRDOs”) issued by agencies or units of state and local government.
  • Sherwin-Williams defends lead paint actions brought by California cities and countiesJones Day is defending The Sherwin-Williams Company against claims brought by ten of California's largest cities and counties.
  • Adocia prevails in biopharma license agreement dispute in international arbitrationJones Day won a binding arbitration award for French biopharmaceutical company, Adocia S.A., in a license agreement dispute against Eli Lilly and Company.
  • HP obtains writ of mandamus in patent litigationOn behalf of HP Inc., Jones Day obtained a rare writ of mandamus from the Federal Circuit ordering Judge Schroeder from the Eastern District of Texas to transfer a patent litigation involving Google Chrome products to the Northern District of California.
  • Synopsys reaches agreement with Mentor Graphics in competitor patent caseJones Day served as lead trial counsel for Synopsys Inc. in competitor patent litigation against Mentor Graphics Corporation following the Federal Circuit’s remand of the case to the district court.
  • Xilinx defends against patent claims by Japanese sovereign patent fund IP BridgeJones Day represents Xilinx Inc., the industry leader in field programmable gate arrays, in its patent dispute with Godo Kaisha IP Bridge 1 (IP Bridge), a Japanese sovereign patent fund that holds approximately 800 patents and attempts to generate revenues by enforcing patents against U.S. operating companies.
  • Xilinx proves unpatentability of third party patent claims in USPTO IPR and at Federal CircuitJones Day successfully represented Xilinx, Inc. in defending patent claims asserted by PLL Technologies, Inc. in the District of Delaware as well as before the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) challenge to the patent and on the subsequent appeal to the Federal Circuit.
  • Synopsys obtains reversal of PTAB unpatentability decisionJones Day obtained a rare reversal of the PTAB on behalf of Synopsys, Inc. in its ongoing battle with ATopTech, Inc.
  • Xilinx obtains Federal Circuit decisions affirming dismissal under Alice and setting personal jurisdiction precedentJones Day represents Xilinx, Inc. in multiple venues against patent infringement assertions relating to integrated circuit testing technology.
  • Synopsys wins $30 million jury verdict and obtains permanent injunction in software IP actionAfter a two-week trial, Jones Day obtained a $30.4 million jury verdict on behalf of Synopsys, Inc. on its copyright infringement claim against ATopTech, Inc. Synopsys is a leader in electronic design automation (EDA) software.
  • Sutter Health defends antitrust suitsJones Day represents Sutter Health in two antitrust suits brought by putative classes alleging that Sutter has conspired to violate the state and federal antitrust laws with respect to Sutter's provision of health care services in Northern California.
  • Millennium Laboratories wins Ninth Circuit reversal in trade dress and unfair competition litigationJones Day won a reversal of summary judgment for Millennium Laboratories, Inc. in a Ninth Circuit appeal of a trade dress and unfair competition dispute.
  • Lennar resolves putative product liability and consumer fraud class action lawsuitsJones Day client Lennar Corporation obtained the voluntary dismissal of putative class action lawsuits against Lennar homebuilding subsidiaries in California and the settlement of nationwide putative class action lawsuits in Nevada and Minnesota after defeating bids for class certification, and defeating plaintiffs' attempt to appeal to the Ninth Circuit in the Nevada case.
  • Energy company eliminates $2 million in damages and attorney’s fees on appealOn October 21, 2015, Jones Day obtained a ruling by the California Court of Appeal reversing a jury award of $1.3 million dollars in punitive damages, $629,560.88 in attorney’s fees, and $10,000 under the Labor Code Private Attorney General Act for a Fortune 100 energy company.
  • SOLiD and Reach obtain jury verdict finding non-infringement in competitor-vs.-competitor patent caseFollowing a seven day trial, a jury in the Northern District of California unanimously found that Jones Day clients SOLiD, Inc. and Reach Holdings LLC did not infringe any claims of a 16-year-old wireless communications patent owned by Corning Optical Communications Wireless Ltd., a subsidiary of Corning, Inc.
  • ICANN prevails in Ninth Circuit appeal of landmark ruling dismissing TLD monopolization claimOn July 31, 2015, the Ninth Circuit Court of Appeals affirmed the landmark decision by a federal district court in the Central District of California to dismiss with prejudice name.space's monopolization claim against Internet Corporation for Assigned Names and Numbers ("ICANN"), a long-time Jones Day client.
  • Visa summary judgment win affirmed on appealOn behalf of Visa Inc., Jones Day successfully argued an appeal before the United States Court of Appeals for the Federal Circuit, which affirmed a grant of summary judgment from the U.S. District Court for the Central District of California that Visa does not infringe the patent claims asserted by SmartMetric, Inc.
  • Visa wins summary judgment motion in patent infringement action brought by SmartMetricJones Day successfully defended Visa Inc. against claims that the use of Visa-branded integrated circuit cards to conduct payment transactions infringed upon SmartMetric's patent directed to secure network access.
  • After appellate victory, immigration client secures termination of removal proceedingsJones Day was appointed as pro bono counsel to represent a lawful immigrant petitioning for review of an order of removal from the United States.
  • Marvell obtains guilty verdict in theft of trade secrets actionJones Day represented Marvell Semiconductor, Inc. in connection with the criminal prosecution and felony conviction of an individual indicted for misappropriating Marvell's trade secrets.
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