Brian D. Matty

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Brian D. Matty — Patent Litigation Practice Summary

Specialty / focus. Matty is a first-chair patent trial lawyer and registered patent attorney whose practice spans life sciences and medical technology, with a secondary software/electronics docket. Desmarais's own practice description lists diagnostic genetic testing, catheter technologies, robotic surgery/endoscopy, neurostimulation, wireless communications protocols, and media distribution networks; his academic background is in biomedical engineering (B.S.E. 2008, M.S.E. 2009, University of Michigan). Public dockets also show work on e-commerce/web technology patents (IBM), semiconductor memory architecture (Intel), electronic gaming (Double Down Interactive), and reconstructive tissue matrix products (LifeCell). Note that the three tracked appearances in the case list are unnamed, so technology-area mapping relies on firm and press sources rather than the tracked docket itself.

Side preference. He works both sides, with a demonstrated center of gravity on the patent-owner/plaintiff side. The authoritative tracked list shows 3 appearances — 2 plaintiff-side and 1 defendant-side. That skew is consistent with the public record: his most prominent work is asserting patents for Ravgen and IBM, while his defense work includes representing Intel against XMTT and representing patent owners (Molecular Loop Biosciences) in PTAB proceedings. Law360's attorney page lists roughly 20 matters for him, so the three tracked appearances are a limited sample of his actual docket.

Firm context. Matty has been at Desmarais LLP (New York) since 2016 and was elevated to partner effective January 1, 2023. Before that he spent 2009–2016 at Ropes & Gray, first as a patent agent (2009–2014) and then as an associate (2014–2016), where he handled prosecution and portfolio management before moving to litigation full time.

Notable cases and outcomes. His signature matter is the Ravgen non-invasive prenatal testing litigation: a September 2022 Western District of Texas jury verdict of $272.5 million against Labcorp, enhanced by $100 million in May 2023 (total $372.5 million), plus a $57 million jury verdict against Natera in January 2024. Desmarais reports $429.5 million in total district court damages across the two cases, and Matty argued the three Federal Circuit appeals decided January 6, 22, and 29, 2025, which affirmed the PTAB's rejection of all invalidity challenges. He also was a key member of the Desmarais team in IBM v. Groupon, which produced an $82.5 million jury verdict on four valid, willfully infringed IBM patents, and of the Intel team that won summary judgment of noninfringement in XMTT v. Intel (D. Del. 2023), affirmed by the Federal Circuit on December 4, 2024. On the Natera side, press reports indicate a February 2026 post-trial ruling upheld literal infringement but rejected the doctrine-of-equivalents theory for insufficient expert testimony.

PTAB / IPR experience. This is a significant part of his practice. He was lead counsel for Ravgen in a series of ten IPR petitions filed by four challengers beginning in 2021 (eight instituted, six final written decisions), and he argued the resulting Federal Circuit appeals. He has also appeared as lead counsel for patent owner Molecular Loop Biosciences in an Illumina IPR (IPR2024-00964) and worked on the IBM PTAB challenges in the Expedia/Hotwire/Orbitz and Priceline/OpenTable/Kayak matters.

Bar / education. Fordham University School of Law, J.D. 2014; admitted Massachusetts (2014) and New York (2016); registered with the USPTO (2012, Reg. No. 70,358). He is also a named inventor on U.S. Patent No. 8,496,655 (catheter-based heart valve resection device) — a biographical fact repeatedly cited in his firm bio.