Mary B. Matterer
Firm:
Morris James LLP
Phone:302.888.6960
Address: 500 Delaware Avenue, Suite 1500
Wilmington, DE 19801

Membership:
University: University of Delaware, B.A., 1971; Ohio University, M.A., 1979, Widener University School of Law, J.D., cum laude, 1988
Admitted: 1988, Delaware; United States District Court, District of Delaware; U.S. Court of Appeals, Third Circuit
Biography: 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 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." Experience • 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. Professional Affiliations Delaware State Bar Association, International Law Section, Former Chair American Bar Association, Intellectual Property and Litigation Sections Community Affiliations Returned Peace Corps Volunteers of Delaware Association, 2005-Present Recent Matters Boehringer Ingelheim Intern. GMBH v. Barr Laboratories, Inc. Patent Infringement -ANDA Impax Laboratories, Inc. v. Aventis Pharmaceuticals Inc. Patent Infringement-ANDA AT&T Corp. v. Clarendon American Ins. Co. Insurance coverage dispute In re '318 Patent Infringement Litigation Patent Infringement-ANDA AT&T Corp. v. Faraday Capital Ltd. Insurance coverage dispute Wyeth v. Impax Laboratories, Inc. Patent Infringement-ANDA 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. Insurance coverage Shire Laboratories v. Impax Laboratories Patent Infringement-ANDA 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. Insurance coverage 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. Insurance coverage Monsanto Co. v. Aetna Cas. & Surety Co. Insurance coverage Monsanto Co. v. American Centennial Ins. Co. Insurance coverage 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 & Events News & Media Mentions Sixteen Morris James Lawyers Recognized in Delaware Today's "Top Lawyers 2015" October 26, 2015 Best Lawyers® 2016 Recognizes 21 Morris James Attorneys August 18, 2015 Fourteen Morris James Attorneys Recognized in Chambers USA 2015 May 19, 2015 Five Morris James Attorneys Named "Attorney of the Year in Delaware" by Corporate INTL Magazine November 14, 2014 Morris James Leads Delaware Today "Top Lawyers" Edition with 25 Recognitions October 21, 2014 Morris James Receives Top Legal Rankings in Chambers USA 2014 May 23, 2014 Mary B. Matterer Selected as Finalist in ABA Journal Legal Cartoon Contest January 17, 2014 ABA Journal 20 Attorneys in 23 Practices Recognized by Best Lawyers® 2014 August 15, 2013 Best Lawyers® 2014 Chambers USA Names 13 Morris James Attorneys in Their 2013 Guide to Leading Business Lawyers May 29, 2013 Chambers USA 20 Morris James Attorneys in 23 Practices Selected for Inclusion in Best Lawyers® 2013 August 30, 2012 Chambers USA Names 14 Morris James Attorneys in Their 2012 Guide to Leading Business Lawyers June 4, 2012 Morris James LLP is Named a "Go-To Law Firm" for the Nation's Fortune 500 Companies December 14, 2011 17 Morris James Attorneys Named in Best Lawyers® 2012 in 20 Practice Areas August 31, 2011 Morris James LLP is Named a "Go-To Law Firm" for the Nation's Fortune 500 Companies December 16, 2010 Corporate Counsel Magazine 17 Morris James Attorneys Selected by Best Lawyers® 2011 August 4, 2010 Chambers USA Names 10 Morris James Partners In Their 2010 Guide to Leading Business Lawyers June 16, 2010 Best Lawyers® Names 15 Morris James Attorneys and Ranks the Firm #1 in Delaware for Education Law and Elder Law October 12, 2009 Chambers USA 2009 Recognizes 8 Morris James Attorneys and 4 Practice Groups June 10, 2009 13 Morris James Partners Named in Best Lawyers® 2009 October 23, 2008 Publications Articles & Publications Morris James Team is Editor-In-Chief and a Co-Authors of a New ANDA Litigation Book Published by the American Bar Association May 21, 2012 Blog(s) Delaware Patent Litigation Report Delaware Insurance Law Report Honors Corporate INTL Magazine® "Attorney of the Year in Delaware," 2014 Delaware Today® "Top Lawyers," 2014-2015 Chambers USA - Recognized for Intellectual Property Law, 2008-2015 Best Lawyer®, 2009-2016 Delaware Journal of Corporate Law, Law Review Clerkships Ruby Vale Summer Clerkship, Delaware Superior Court Clerk for The Honorable John E. Babiarz, Jr., Delaware Superior Court