Duane Mathiowetz

Duane Mathiowetz — Partner

Duane Mathiowetz is an experienced intellectual property litigator. For more than 30 years, Mr. Mathiowetz has represented clients in district courts throughout the country and before the International Trade Commission, making him a seasoned and highly effective trial and patent counsel. He has tried multiple patent, trademark, and commercial cases to verdict. He has also handled multiple ITC investigations through final determination and appeal. He has been lead counsel on multiple reexaminations and inter partes reviews, and argued multiple cases before the USPTO and the U.S. Court of Appeals for the Federal Circuit.

Mr. Mathiowetz has been involved with a variety of technologies, including advanced semiconductor manufacturing, devices, and materials; silicon crystal growth; LCD panel backlighting,; Bluetooth/wireless headsets and locks; biotechnology, including stem cells; geological exploration and modeling; alternative fuels and hybrid systems; MEMS structures; mechanical equipment and devices; recreational wind tunnels; automotive components; medical devices and orthopedic bracing; augmented reality devices; apparel; architectural lighting; television electronic program guides; and e-commerce software. He also represents clients involved in copyright, trademark, trade secret, unfair competition, and breach of contract matters, and provides day-to-day IP-related counseling, including patent monetization.

Email Contact: dmathiowetz@mffmlaw.com

Practice areas

  • Business Litigation & Dispute Resolution
  • IP Litigation

Bar admissions

  • California, 1983
  • U.S.P.T.O. Registered Patent Attorney
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Eastern District of Texas
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, District of Colorado
  • U.S. Court of Appeals, 9th Circuit

Honors

  • Selected for inclusion in the Northern California Super Lawyers lists in 2007 – 2008 and 2012 – 2017 for his work in intellectual property litigation.

Education

  • J.D., University of San Francisco
  • B.S., Mechanical Engineering, University of Minnesota
  • M.S., Mechanical Engineering, Stanford University

Professional associations

  • American Bar Association
  • Federal Circuit Bar Association
  • AIPLA, IPO, ITC Trial Lawyers Association
  • San Francisco Bar Association
  • Litigation Counsel of America
  • IP Institute
  • American Society of Mechanical Engineers
  • American Vacuum Society
  • California Lawyers for the Arts AAMS
  • Santa Clara County Bar Association

Seminars

  • Adjunct Professor, Patent Law, Golden Gate University

Notable cases

  • Represented developer of augmented reality glasses accused of trade secret misappropriation and breach of contract; obtained very favorable settlement allowing continued development and sale
  • Represent company against claims of copyright infringement
  • Represent company against claims of design patent infringement, trade dress infringement, and unfair competition related to sale of lab glassware
  • Represent defendant against claims of patent and trademark infringement and unfair competition related to sale of pet products
  • Represented wind tunnel manufacturers against claims of patent infringement and misappropriation; asserted counterclaims on unfair competition, fraudulent misrepresentation, tortious interference of economic advantage; obtained favorable claim construction ruling resulting in settlement of matter.
  • Represented CMOS manufacturer against claims of patent infringement and breach of contract and implied covenant of good faith and fair dealing; successful inter partes review and bankruptcy action resulted in dismissal with prejudice
  • Represented foreign manufacturer of Bluetooth headsets accused of patent infringement
  • Lead trial counsel in prosecution of patent infringement claims for knee braces for Canadian client; successfully appealed claim construction to Federal Circuit, obtaining reversal and remand; won jury verdict on retrial and successfully defended appeal, resulting in award of more than $7 million in damages and fees