Matthew Poppe

Partner

Education

University of Chicago

J.D., with high honors

Stanford University

B.A. in International Relations & Economics, with distinction

Bars & Courts

  • United States Courts of Appeals
  • Federal Circuit
  • Ninth Circuit
  • United States District Courts
  • Northern District of California
  • Central District of California
  • Southern District of California
  • Eastern District of California

Languages

  • English
  • French

Professional Experience

Matt Poppe is a partner in the Intellectual Property and Commercial Litigation groups. His litigation experience spans a wide range of patent, other intellectual property, and commercial cases. Key clients include Varian Medical Systems, EMC (now part of Dell), eBay, Baidu, and Brocade. He has also represented a variety of Asia-based clients in U.S. litigation arising out of troubled business relationships.

In patent litigation, Matt focuses on technologies related to computer networks, data storage, software, medical devices, and semiconductors. In other IP cases, Matt has substantial experience with trade secret, copyright, and trademark litigation. Outside of IP, Matt has handled breach of contract, fraud, consumer class action, and many other types of commercial claims.

Matt has first-chair trial experience in both patent and commercial cases. Most recently, Matt was a core member of the trial team in EMC v. Pure Storage, a patent case in the District of Delaware involving data storage technology. The jury awarded $14 million to Matt’s client, EMC, and the case (and another) later settled for an even higher amount. Matt has also briefed and argued appeals, including to the Federal Circuit.

Matt is an active member of the Intellectual Property Owners Association and regularly speaks and writes on issues related to intellectual property law and litigation.

Prior to joining Rimon, Matt was a partner at Orrick, Herrington & Sutcliffe LLP. 

Last year, Matt served as President of the Santa Clara County Bar Association. He has spent a decade on the Board of Directors of the Silicon Valley Campaign for Legal Services, which conducts fundraising and coordinates events related to legal aid. He contributes pro bono time each year to clients in domestic violence, landlord/tenant, immigration, and consumer disputes.

Matt has been listed as a Northern California Super Lawyer since 2012. He was also named a BTI Client Service All-Star in 2017.


REPRESENTATIVE MATTERS

Patent

  • EMC Corporation. Matt has represented EMC in patent cases related to data storage technology, including a recent case against competitor Pure Storage in the District of Delaware.
  • Varian Medical Systems. Matt has represented Varian in patent cases related to imaging systems for radiation therapy.
  • Brocade Communications Systems. Matt has represented Brocade and its subsidiary, Foundry Networks, in multi-patent suits against Nortel, Alcatel, and Enterasys related to computer networking technologies.
  • Nanya Technology Corp. Matt represented Nanya in ITC and district court proceedings commenced by Elpida Memory, Inc. The matter settled after a full hearing on the merits. The six patents-in-suit related to DRAM technology.
  • Nikko Materials USA. Matt represented Nikko and its subsidiary, JJA, in a patent case related to copper foil laminate technology used in manufacturing multilayer printed circuit boards. Nikko/JJA won a jury verdict of willful infringement on their patent while the patent counterclaims were dismissed on summary judgment.

Trade Secret

  • Intel Corp. Matt defended Intel against claims that it misappropriated trade secrets allegedly contained in commercial software Intel had purchased from a third party. The trial court dismissed Silvaco's claims on summary judgment and the decision was affirmed on appeal. Silvaco Data Systems v. Intel Corp., 184 Cal. App. 4th 210 (2010).
  • Applied Materials. Matt represented Applied in connection with United States v. McDowell, a criminal case in which the defendants were convicted of crimes relating to misappropriation of Applied's trade secrets related to semiconductor manufacturing equipment.
  • Matrix Pharmaceuticals. Matt represented Matrix in a trade secret action filed by Collagen Corp., which alleged misappropriation of a process for manufacturing collagen for pharmaceutical purposes.

Copyright/Trademark

  • Varian Medical Systems. Matt represents Varian in a copyright case filed by an artist claiming infringement of her copyrights in drawings licensed by Varian for use in its marketing activities.
  • Vigour Pak and Vigour Plastic. Matt represented Taiwanese manufacturers of paper and plastic restaurant products in a trademark case filed by their former U.S. distributor named Lollicup.
  • Acxiom Corp.  Matt was a member of the team that filed a trademark case on behalf of Acxiom against Axiom, Inc., resulting in a judgment for Acxiom and a permanent injunction against Axiom after a trial in the District of Delaware.

Commercial/Contract

  • LIBO Cosmetics.  Matt is defending Chinese/Taiwanese cosmetics packaging manufacturers against claims brought by a former U.S. sales representative claiming millions of dollars in underpaid commissions on his sales to Revlon.
  • Flextronics. Matt represented Flextronics in an arbitration and related state court action in which each side charged the other with breaches of a design services agreement related to the development of medical monitoring technology.
  • Vigour Pak and Vigour Plastic. Matt represented these Taiwanese companies in a contract dispute against their former U.S. distributor, Lollicup, which claimed exclusive distribution rights based on an alleged oral contract.
  • Shih-Ming Hsieh. Matt handled two related cases involving a dispute between family members and business partners related to the operation of a golf course. Matt inherited the cases after adverse judgments had been entered against his clients. Matt obtained appellate reversals in each case, with one resulting in a published decision. Ho v. Hsieh, 181 Cal. App. 4th 337 (2010).  Matt continued as lead counsel during bench trials on remand.
  • Outrigger Systems, Inc. Matt represented Outrigger and its founders against Ion Beam Applications, Inc. in a case involving disputed ownership of software that Outrigger had developed.
  • Pacific Bell Wireless. Matt represented PBW (later called Cingular Wireless, and now AT&T) in a license dispute arising out of a defective billing system provided by LHS. PBW defeated LHS’s claims at an arbitration hearing and obtained a multimillion dollar award on its counterclaim.

False Advertising

  • Acer, Inc. Matt represented Acer in a class action false advertising case filed in the Southern District of Florida relating to notebook computers. The case was brought to a speedy, satisfactory conclusion.
  • Pacific Bell Wireless. Matt successfully defended PBW against two consumer class actions, once via demurrer and once by successfully opposing certification of the class.  Each favorable ruling was upheld on appeal.

PUBLICATIONS

  • “Piracy Pays (The IP Owner),” The Licensing Journal (Nov./Dec. 2016) (co-author).
  • "President's Message" monthly column for the Santa Clara County Bar Association, Daily Journal (2016).
  • Periodic contributions, Orrick NorCal IP Blog (2016-2017) and Orrick Trade Secrets Watch Blog (2013-2017).
  • "Judge v. Jury on Claim Construction," The Recorder, July 12, 2013 (co-author)
  • "Courts Fumble With Broader 'Obviousness' Test," Daily Journal, June 26, 2013 (co-author).
  • “New Employees and the Risks Posed by the Assignor Estoppel Doctrine,” Mealey’s Litigation Report: Patents, Vol. 13, Issue #23, May 2006.
  • "Guarding Trade Secrets," Employment Law Yearbook, PLI Press, 2001 and 2002 eds. (co-author).
  • "Defining the Scope of the Equal Protection Clause with Respect to Welfare Waiting Periods," 61 University of Chicago Law Review, 291, 1994.

SPEAKING ENGAGEMENTS

  • Patent Trolls in the Video Game Industry, Berkeley Center of Law and Technology, September 11, 2014.
  • "Fraud Issues Relating to Intellectual Property, Licensing and Brand Protection," FEI-Silicon Valley Chapter, Knowledge Synergized 2014, June 20, 2014.
  • "Incorporating the Trade Secrets of Another Into a Patent Application," IPO Trade Secrets Committee, June 3, 2014.
  • "From Trolls to the Target Breach: Evolving Tactics Used by Plaintiffs' Attorneys in Video Game Patent Litigation and Data Privacy Suits," Entertainment Software Association, March 12, 2014.
  • "Intellectual Property: 2013 Year in Review, Patent Law," Sacramento County Bar Association, January 31, 2014.
  • "The America Invents Act One Year Later - Baby's Growing Up Fast," Santa Clara County Bar Association, September 5, 2012.
  • "Picking Your Poison: Forum-Shopping in Patent Litigation," Santa Clara County Bar Association, March 25, 2010.
  • "Patent Opinions and Advice of Counsel after Seagate," Santa Clara County Bar Association, May 7, 2008.
  • "Nuts and Bolts of Depositions," Santa Clara County Bar Association, November 8, 2007.
  • "Recent Supreme Court & Federal Circuit Decisions Regarding Patent Litigation," Santa Clara County Bar Association, February 28, 2007.
  • "Nortel Networks v. Foundry Networks: A Case Study," Boalt Center for Law and Technology, January 11, 2005.
  • "Litigation Under Business & Professions Code Section 17200 After Proposition 64," December 2, 2004.
  • "The Expert's Role in Summary Judgment," Law Seminars International, Conference on Effective Financial Expert Testimony, November 5, 2004.

AWARDS AND RECOGNITION

  • BTI Client Service All-Star 2017
  • Northern California Super Lawyer 2012-2017
  • The Legal 500 U.S., Patent Litigation, 2009
  • University of Chicago Law Review, Staff Member, 1992-93
  • Order of the Coif

MEMBERSHIPS AND AFFILIATIONS

  • State Bar of California
  • Intellectual Property Owners Association, Litigation Committee
  • The Sedona Conference
  • Santa Clara County Bar Association