Matthew C. Mousley

Partner

  • Matthew C. Mousley
  • Phone: +1 215 979 1804

    Matthew C. Mousley - LinkedIn Import to Address Book

  • Duane Morris LLP
    30 South 17th Street
    Philadelphia, PA 19103-4196
    USA

Matthew C. Mousley practices in the areas of intellectual property and information technology, focusing primarily on technology transactions, licensing, and commercial contracts, life sciences and medical technologies, artificial intelligence, gaming, and corporate transactions, with experience in intellectual property trial and appellate litigation

Matt has both transactional and litigation experience with diverse technologies, such as precision medicine, diagnostics, pharmaceutical, healthcare, and biotechnology; informatics, data services, and artificial intelligence; gaming and eSports; software, telecommunications, and the Internet; logistics, transportation, automation, and manufacturing systems; and building and construction materials. He is regularly involved in commercial transactions and intellectual property portfolio management in these and other technical fields.

Technology Transactions

Matt assists clients in a variety of technology-related transactional matters, including:

  • intellectual property licensing, development and consulting agreements;
  • mergers, acquisitions, and business divestitures involving intellectual property assets;
  • procurement, requests for proposal (RFPs) and responses, and manufacturing and supply agreements;
  • data, website media, and content licensing agreements;
  • software escrow arrangements;
  • open source software issues;
  • Internet service provision and hosting agreements;
  • software-as-a-service (SaaS), platform, enterprise resource planning (ERP) and service level agreements;
  • website terms of use and privacy and security policies;
  • contract interpretation, renegotiation, and dispute resolution;
  • copyright protection and enforcement issues;
  • non-disclosure and confidentiality agreements and trade secret issues; and
  • legal issues related to e-commerce and doing business on the Internet.
Artificial Intelligence

In the emerging area of artificial intelligence (AI), Matt regularly advises clients with respect to:

  • contractual provisions
  • due diligence
  • procurement and implementation
  • organizational policies and procedures
  • intellectual property and privacy issues
  • analysis and preparation for policy, legislative, regulatory, and other legal developments
Patent Litigation

Matt has experience in all stages of patent litigation, from pre-litigation strategy and planning through final appeal. His litigation experience includes:

  • among other fields, pharmaceuticals (Hatch-Waxman/ANDA), medical devices, direct marketing email systems, IP portfolio management software, interactive entertainment and video games, VoIP technology, and manufacturing automation systems;
  • patent and prior art analysis, infringement analysis, motions practice, summary judgment briefing, preparation of infringement/invalidity contentions, expert reports, pre-trial orders, trial briefs, trial administration and presentation, and post-trial briefing; and
  • prospective appellate strategy at trial and appellate practice post-trial.

Matt is admitted to practice in Pennsylvania and New Jersey. Prior to joining Duane Morris, he served as a judicial clerk to the Honorable Marjorie O. Rendell of the United States Court of Appeals for the Third Circuit.

Matt is a 2004 summa cum laude graduate of Villanova University School of Law, where he served as the executive editor of the Villanova Law Review, and a 2001 summa cum laude graduate of Franklin & Marshall College (B.A., Chemistry and French).

Representative Matters

    Technology Transactions

  • Represented Quest Diagnostics Inc. in providing IP diligence and negotiation of IP issues in Quest’s $300 million (up to $450 million with milestones) acquisition of Haystack Oncology, a biotechnology company focused on innovative liquid biopsy and tumor-detection technology.

  • Represented Allevi, Inc., a manufacturer of 3D bioprinters and bioinks trusted by leading researchers worldwide, in the $9.5 million sale of its business to 3D Systems (NYSE: DDD), a provider of 3D printing and digital manufacturing solutions.

  • Represented DuPont (NYSE: DD), a global innovation leader with technology-based materials, in its $110 million acquisition of Evoqua’s Memcor business, which includes ultrafiltration and membrane bio-filtration technologies.

  • Represented Verizon Communications Inc. in negotiating and executing the various licensing and other agreements necessary for it to be able to spin off its local exchange and related business assets in 14 states to Frontier Communications Corp.

  • Represented Verizon Communications Inc. in negotiating and executing software consents for transition services necessary for it to be able to spin off its local exchange and related business assets in New England to FairPoint Communications, Inc.

  • Represented Verizon Communications Inc. in negotiating and executing software consents for transition services necessary for it to be able to spin off its directories business and related business assets to Idearc Media LLC.

    • Corporate Transactions

  • Represented Armstrong World Industries, Inc. (NYSE: AWI), a leader in the design, innovation and manufacture of ceiling and wall solutions in the Americas, in connection with its $95 million acquisition of 3form LLC from Hunter Douglas Group. Based in Salt Lake City, 3form is a leading designer and manufacturer of sustainably crafted architectural resins and glass for ceilings, walls and other interior applications.

  • Represented IQVIA Inc. (NYSE: IQV), a leading global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry, in connection with its acquisition of a life sciences consulting and communications company.

  • Serving as intellectual property counsel to leading online sportsbook Fanatics Betting and Gaming in its $225 million acquisition of the U.S. businesses of PointsBet USA.

  • Represented Armstrong World, Inc. (NYSE: AWI), a leader in the design, innovation and manufacture of ceiling and wall solutions in the Americas, in connection with its acquisition of BOK Modern, LLC, a pioneer in the design and development of integrated architectural systems for interior and exterior applications.

  • Represented IQVIA Inc. (NYSE: IQV), a leading global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry, in connection with its acquisition of all shares of capital stock of Cronos Clinical Consulting Services Inc., a leading global provider of specialty clinical service solutions with the goal of improving data quality in clinical trials.

  • Represented Integral Molecular, a biotechnology company specializing in discovering therapeutic antibodies–and the industry leader in membrane protein solutions–in its research collaboration and licensing agreement with Context Therapeutics, a clinical-stage women’s oncology company, to advance a potential gynecological cancer therapy involving an anti-claudin 6 (CLDN6) bispecific monoclonal antibody. 

  • Represented online sportsbook operator Vigtory Inc. as transaction and gaming counsel in its sale to FuboTV Inc. (NYSE:FUBO), a sports-focused streaming television service; this is the first time a media company in the U.S. has fully acquired and will operate a live sportsbook.

  • Represented Pennsylvania Machine Works LLC, a leading manufacturer in the forged pressure fitting industry, in connection with the multimillion-dollar sale of all of its outstanding equity to Wynnchurch Capital Partners.

  • Represented Texas Hospice Holdings, LLC, a multi-state hospice facility operator, in the intellectual property aspects of the sale of all its outstanding equity to Amedisys Inc., a publicly-held hospice company.

  • Represented JPJ Group (formerly LSE:JPJ), a leading global online bingo-led operator, in its £490m acquisition of online gaming company Gamesys Holdings Ltd., thereby forming Gamesys Group (LSE:GYS).

  • Represented YouVisit, LLC, a company that has created virtual tours of campuses for more than 600 educational institutions, in its sale to EAB, a portfolio company of Vista Equity Partners that provides research, enterprise technology, and data-enabled services for education institutions.

  • Represented Psyadon Pharmaceuticals, Inc. in its acquisition by a subsidiary of Paragon Biosciences, bringing with it rights to develop, register and market ecopipam, a new chemical entity with orphan drug designation for the treatment of pediatric Tourette Syndrome.

  • Represented H.C. Wainwright & Co. LLC, acting as sales agent, in a $12.5 million at-the-market (ATM) equity offering of common stock for Aethlon Medical, Inc. (Nasdaq: AEMD).

  • Represented FBR Capital Markets & Co., acting as sales agent, in a $4 million at-the-market (ATM) equity offering of common stock for Cyclacel Pharmaceuticals, Inc. (Nasdaq: CYCC).

  • Represented WineAccess, Inc., a direct-to-consumer (DTC) wine eCommerce company, in its acquisition by Norwest Venture Partners, a global, multi-stage venture capital and growth equity investment firm.

    • Intellectual Property Litigation

  • Obtained a dismissal with prejudice of all asserted claims in a patent infringement case in the U.S. District Court for the Eastern District of Texas on behalf of Epsilon Data Management, LLC on the basis that all asserted claims had been invalidated.

  • Represented Lockheed Martin Corp. in opposing an effort by Zoltek Corp. to substitute it as a defendant in a patent infringement action Zoltek had originally brought against the United States stemming from the U.S.'s alleged use of Zoltek's patent in the manufacture of the F-22 fighter plane. Obtained a decision in an interlocutory appeal to the U.S. Court of Appeal for the Federal Circuit that reversed en banc a prior panel decision and a Court of Federal Claims decision that allowed Zoltek's claim against Lockheed. The Federal Circuit decision ruled that federal law protects contractors from infringement suits arising from work they perform for the government. Zoltek v. Lockheed Martin Corp. and United States, Case Nos. 96-166C (EJD) (Fed. Cl.) and 09-0096 (JOF) (N.D. Ga.); on appeal, Case No. 2009-5135 (Fed. Cir.).
  • Represented Apotex Inc. and Apotex Corp. in a patent infringement action regarding Apotex's abbreviated new drug application (ANDA) to make a generic version of Sanofi-Aventis' anti-cancer product Taxotere®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Aventis' inequitable conduct in procuring the patents. Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del.). Obtained an affirmance from the U.S. Court of Appeals for the Federal Circuit on all appealed invalidity and unenforceability rulings. Case No. 2011-1018 (Fed. Cir.).

Admissions

  • New Jersey
  • Pennsylvania

Education

  • Villanova University Charles Widger School of Law, J.D., summa cum laude, 2004
    Executive Editor, Villanova Law Review
  • Franklin & Marshall College, B.A., summa cum laude, 2001

Experience

  • Duane Morris LLP
    - Partner, 2013-present
    - Associate, 2005-2012
  • Judicial Clerk to the Honorable Marjorie O. Rendell of the U.S. Court of Appeals for the Third Circuit, 2004-2005

Professional Activities

  • International Technology Law Association – ITechLaw (formerly Computer Law Association)
    - Board of Directors, 2011-present
    - Vice-chair of Membership committee, 2012-present
    - Editor of E-Newsletter, 2010-2012
    - U.S. conference and annual meeting planning committee, 2009-2011
    - Intellectual property law committee, 2007-present
    - E-commerce law committee, 2007-present
  • Philadelphia Bar Association
    - Vice-chair of Cyberlaw committee of the Business Law Section, 2013-present

Selected Publications

Selected Speaking Engagements

  • Guest lecturer on Intellectual Property Law, Drexel University
  • Panelist, "2024 Banking and Finance General Counsel Roundtable: Artificial Intelligence and Diversity, Equity & Inclusion," Duane Morris Webinar, February 28, 2024
  • Speaker, “Get Smart with AI: Strategic Contracting to Reduce Risk,” Duane Morris Webinar, November 15, 2023
  • Speaker, "Get Smart with AI: Best Practices for Using AI in Business," Duane Morris Webinar, October 17, 2023 

  • Speaker, "Welcome to the Digital Health Era: Navigating the Regulatory, IP and Privacy Issues," American Intellectual Property Law Association Spring Meeting, Loews Hotel, Philadelphia, May 15, 2019

  • Presenter, “E-Signed, Sealed, Delivered,” Duane Morris Commercial Contracts Checkup Series, Webinar, January 24, 2019

  • Presenter, “Are You Up-to-Date on Key Provisions and Confidential Information Protections in Term Sheets, MOUs and Letter Agreements?” Duane Morris Commercial Contracts Checkup Series, Webinar, June 21, 2018

  • Presenter, "Privacy, Data. and New Tech: What Businesses Need to Know (and Really Can't Afford to Put Off)," Duane Morris Alumni CLE, October 26, 2017

  • Speaker, "Cybersecurity Policies and Best Practices," Philly Tech Week, May 5, 2016
  • Moderator, "Making Sure Your 'Cloud' Has a Silver Lining," Philadelphia Bar Association Cyberlaw Committee, October 2014
  • Invited Lecturer, Security, Privacy and the Cloud Computing, Advanced Practices Council, October 2014
  • Moderator, "Cryptocurrency: Bitcoin and Beyond," Philadelphia Bar Association, Cyberlaw Committee, August 2014