Edward M. Mathias

Partner

Ted Mathias practices primarily in the areas of patent and commercial litigation. 

Ted has experience in all aspects of patent litigation, including trial work and multiple successful appeals to the Federal Circuit.  He has litigated pharmaceutical, mechanical, business method and software patent cases, developing substantial expertise in the areas of Hatch-Waxman litigation and patent remedies.  He currently serves as Chair of the ABA IP Litigation Section Subcommittee on Damages.

Ted also has litigated standards setting, patent pooling and IP licensing issues, other Sherman Act claims, insurance coverage and environmental claims.  In addition to major trial work, he has represented clients in private dispute resolution proceedings, mediations and government investigations concerning antitrust, unfair competition, false advertising and Internet privacy issues.

Representative matters include:

• Successfully opposed a Motion for Preliminary Injunction, enabling a major pharmaceutical manufacturer to launch its generic drug product.
• Obtained a summary judgment ruling of non-infringement in a patent case on behalf of a software developer and successfully defended the judgment on appeal to the Federal Circuit.
• Represented two software developers in an appeal to the Federal Circuit from an adverse judgment and a permanent injunction in a patent case involving municipal bond auctions, and successfully obtained a stay of the injunction and reversal of the judgment.
• Represented a steel fabricator in a Federal Circuit appeal from an adverse judgment and a permanent injunction in a patent case involving segmented truck covers and successfully obtained a stay of the injunction, a stay of execution on the judgment and a waiver of the supersedeas bond requirement.
• Acted as lead counsel on behalf of a water treatment company in a breach of contract arbitration, and obtained a favorable settlement.
• Acted as third chair and obtained a favorable post-trial settlement in an institutional reform litigation brought on behalf of a plaintiff class of detained and committed youth.
• Acted as lead counsel in an Individuals with Disabilities Education Act case brought on behalf of a learning-disabled client and obtained a favorable settlement.

Prior to joining AV&H, Ted clerked for the Honorable Eduardo C. Robreno, United States District Court for the Eastern District of Pennsylvania.

Noteworthy

• American Bar Association Antitrust Student Writing Competition (First Place)

Bar & Court Admissions

• Connecticut
• District of Columbia
• New York
• United States Court of Appeals for the Federal Circuit
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Tenth Circuit
• United States District Court for the District of Columbia

Education

• University of Pennsylvania Law School, Philadelphia, Pennsylvania, 2000 J.D. magna cum laude. Honors: Order of the Coif. Senior Editor, University of Pennsylvania Law Review.
• University of Massachusetts, Amherst, Massachusetts, 1997 M.S.
• Amherst College, Amherst, Massachusetts, 1992 B.A.

Publications

• Big League Perestroika?  The Implications of Fraser v. Major League Soccer, 148 U. of Pa. L. Rev. 203 (1999)
• Squeeze Play:  Will Baseball’s Economic Problems Cause More Legal Headaches for the National Pastime?, 5 Sports Law J. 249 (1998)

Professional Activities

• Chair of the Damages Subcommittee of the American Bar Association’s Intellectual Property Litigation Section
• Prepared materials and presentations for ALI-ABA program “Trial of a Patent Case"