Profile
Matthew J. Levinstein practices in the field of intellectual property law. Matthew litigates patent, trademark, copyright, and trade secret matters in federal district courts throughout the country. His experience includes all aspects of litigation from conducting pre-filing investigations through participating at trial and appeal. He has obtained early, favorable settlements, drafted winning summary judgment briefs, and has succeeded at trial. Matthew has also drafted winning appeal briefs and responses to post-appeal petitions on both substantive and procedural issues before the Federal Circuit. He has represented clients in patent matters involving a broad range of technologies including medical devices, remote controls, television displays, hand tools, power tools, sporting goods, food packaging, kitchen appliances, and other consumer and industrial electronics and mechanical devices. He also represents clients in contentious proceedings before the Patent Trial and Appeal Board (PTAB) and the Trademark Trial and Appeal Board (TTAB), including inter partes reviews (IPR) and trademark opposition and cancellation proceedings.
Matthew regularly advises clients on the selection and availability of trademarks, prosecutes trademark applications, and oversees foreign trademark clearance and prosecution activities. In addition, his transactional intellectual property experience includes drafting a variety of license and other IP-related agreements and counselling clients on the IP aspects of mergers, acquisitions, and finance transactions.
Concentrations
- Patent, trademark, copyright, and trade secret litigation
- Patent appeals
- Domestic and foreign trademark selection and availability
- Transactional intellectual property, including licensing and IP due diligence for mergers, acquisitions, and finance transactions
Capabilities
Experience
- Represented Falconhead Capital in the sale of substantially all of the assets of Rita’s Holdings, LLC to an affiliate of Argosy Capital.
- Representation of a national benefits, insurance, and wealth management services provider in a trademark infringement action involving infringement of company logo.
- Representation of an international food company in the defense of a patent infringement action involving resealable cookie packaging.
- Representation of an international consumer products company in the defense of a four-patent infringement action involving baseball helmets, football helmets, and football shoulder pads.
- Representation of an international consumer electronics company in the defense of a patent infringement action involving television display technology.
- Representation of a thermometer manufacturer in the defense of a patent infringement action involving temporal artery thermometers.
- Representation of a universal remote control company in 10 IPR proceedings before the Patent Trial and Appeal Board relating to remote control technology.
- Represented an international consumer electronics company in the defense of a patent infringement action involving broadcast parental control blocking technology for televisions. Obtained summary judgment of non-infringement and a per curiam affirmance on appeal to the Federal Circuit.
- Represented a universal remote control company in the enforcement of a 17-patent infringement action involving remote control technology. Obtained a favorable settlement without trial.
- Represented a universal remote control company in an IPR proceeding before the Patent Trial and Appeal Board relating to remote control technology. Obtained non-institution decision.
- Represented an international consumer products company in the defense of a patent infringement action involving portable slow cookers. Obtained summary judgment of invalidity and an affirmance on appeal to the Federal Circuit.
- Represented an international fashion accessory company in the defense of a copyright action involving purses. Obtained favorable settlement without trial.
- Represented a national tool company in a patent infringement action involving cable crimp tools. Obtained favorable settlement without trial.
- Represented an international consumer products company in the defense of a trademark infringement action. Obtained favorable settlement without trial.
- Represented an international tool company in the defense of a patent infringement action involving power saw tables. Obtained early, favorable settlement without trial.
- Represented multiple national restaurant chains in patent infringement lawsuits relating to menu functionality on the clients’ websites. Obtained favorable settlement after early disclosures.
Recognition & Leadership
- Member, American Bar Association
- Member, American Intellectual Property Law Association
Credentials
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J.D., with high honors, Chicago-Kent College of Law, Illinois Institute of Technology
- Managing Editor, Chicago-Kent Law Review, 2008
- Order of the Coif
- Master of Liberal Arts, University of Chicago
- B.S., Mechanical Engineering, University of Illinois at Urbana-Champaign
- Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Seventh Circuit