George G. Matava

Partner

  • location icon Denver, CO
    1700 Lincoln Street
    Denver, CO 80203

George G. Matava is a partner in the Denver office of Lewis Brisbois and a member of the Intellectual Property & Technology Practice. Mr. Matava brings more than 30 years of litigation experience to the firm, 28 of which have been focused in the intellectual property area. He has handled numerous high-stakes matters in federal courts across the country in the areas of patent, trademark, copyright, e-commerce, trade secret and related contract and antitrust-related claims. His cases have involved the fields of automotive products, biomedical devices, computer hardware and software, cable and satellite television, biodegradable plastics, brewing, real estate franchising, telecommunications, and consumer products. He has handled appeals in the Federal Circuit, 7th Circuit and 10th Circuit Courts of Appeals; and has substantial experience handling commercial litigation matters, including contract and antitrust disputes. His antitrust experience has been in the areas of predatory pricing, price fixing, sham litigation, and patent misuse. Mr. Matava has also successfully represented a patent owner in inter partes review proceedings in the PTO involving fiber optic switching.

Prior to joining Lewis Brisbois, Mr. Matava helped lead the intellectual property and intellectual property litigation practices of major national and Colorado firms. In 2010 and 2011, Mr. Matava was the founding chairman and president of the Colorado IP American Inn of Court, an organization of 180 IP lawyers in Colorado which is designed to promote professionalism within the legal community and the mentoring of young lawyers and law students. He was previously chairman of the IP section of the Colorado Bar Association.

For the last eight years, Mr. Matava has been selected among The Best Lawyers in America, Super Lawyers, and was ranked in Colorado by Chambers USA for intellectual property. Chambers USA has indicated that Mr. Matava “has great depth of experience in IP litigation, including patent, trademark, copyright, e-commerce, trade secret and antitrust-related claims” and that “[h]e is a thorough and professional straight shooter who gets to the point.”

In addition, Mr. Matava recently earned his Certificate in Mediation from the well-respected Straus Institute for Dispute Resolution at the Pepperdine University School of Law. With a growing trend toward mediation of litigated cases, Mr. Matava combines his “straight shooting” approach to law with his extensive IP litigation experience to facilitate settlement negotiations between adversarial parties to reach innovative, cost-effective and mutually-beneficial resolutions.

He is also a member of the prestigious Litigation Counsel of America, an invitation-only trial lawyer honorary society. With membership limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers, Mr. Matava and his LCA peers represent the most experienced and highly-qualified litigators in the country who share and grow their collective expertise through professional development, advocacy and ethics in the American litigation process.

Mr. Matava began his career in the Honor Law Graduate Program as a trial attorney for the Department of Justice in Washington, D.C., working primarily on espionage cases. He received his bachelor of science from Trinity College, and his juris doctorate from Wake Forest University School of Law.

Representative Cases

I. Patent Experience

  • XY, LLC v. Propel Labs (D. Colo.) – Defended Propel Labs and others in a patent infringement suit where antitrust counterclaims were asserted. The technology at issue was flow cytometry. Case settled prior to trial.
  • Fiber, LLC – representing Fiber in inter partes review proceedings before the PTO.
  • Veazie v. Gates Corporation, (S.D. Fla.) - Defended Gates and Trico Products in a patent infringement suit involving windshield wiper blade technology.
  • SSP v. Trico Products Corp., (N.D. N.Y.) - Defended Trico Products Corp. against claims of unfair competition, monopolization, deceptive advertising and patent infringement involving windshield wiper blade technology.
  • Phillips v. Gateway, Inc., (Utah) - Defended Gateway in a patent infringement suit involving purported defects in floppy disk controllers. Case settled after opening statements.
  • Melco Industries v. Ultramatic, (D. Conn.) - First-chaired a three week patent infringement trial in the field of computer driven embroidery machines. Represented the patent holder. After trial and before a decision from the Court, the case settled confidentially.
  • Rates Technology v. Time Warner Telecom, (E.D. N.Y.) - Defended Time Warner Telecom in a patent infringement suit involving VOIP services. Rates Technology dismissed its suit against Time Warner Telecom after 8 months of litigation.
  • EchoStar Communications v. Gemstar/TV Guide, (D. Colo.; W.D. N.C.) - Defended Gemstar/TV Guide with several firms in connection with antitrust claims involving alleged patent misuse and counter-claims of patent infringement. Technology involved interactive programming guides for cable and satellite technologies.
  • Reese v. US WEST, Inc., (D. Colo.; Fed. Cir.) - Litigated patent infringement suit for US WEST. Technology involved a call waiting and caller identification system. US WEST and indemnifiers prevailed on summary judgment at the district court level and prevailed on appeal. No. 02-1633, 2003 U.S. App. LEXIS 3996 (Fed. Cir.).
  • ACX Technologies, Inc. and Battelle Memorial Institute v. E.I. Dupont de Nemours, (S.D. Ohio) - Represented ACX and Battelle in a suit against DuPont for theft of patented technology involving polylactide, a biodegradable plastic. The ownership and inventorship of 50 patents were at issue.
  • Unigen Pharmaceuticals v. Perrigo, Inc., Walgreens and Target, (D. Wash.) - Represented Unigen in a case involving allegations of patent and trademark infringement and breach of contract. The case settled confidentially.
  • Seroctin Research & Technologies v. Unigen Pharmaceuticals, Inc. et. al., (D. Utah) - Represented defendants in a patent suit involving nutraceuticals. After 16 months of litigation, the matter settled confidentially the day before trial.
  • Fischer Imaging v. Trex Medical, (D. Colo.) - Litigated patent infringement suit for Fischer Imaging, the owner of two patents involving a stereotactic breast biopsy system used for the early detection of breast cancer. Case settled favorably for $32.2 million. The settlement was the fourth largest in the United States for 2002.
  • Birtcher Electro Medical Systems, Inc. v. Beacon Labs, Inc., (D. Colo.) - Defended trademark and patent infringement claims. The district court found the term “Argon Beam Coagulator” to be generic and denied preliminary injunction. Decision reported at 738 F. Supp. 417 (D. Colo.). On the patent claims, plaintiff sought $6 million in damages but was awarded none. After a three week trial, the jury concluded that the defendant did not induce nor contribute to infringement. The case settled after the jury verdict.
  • Hell v. The Curotto Can, (N.D. CA; Fed. Cir.) - Represented The Curotto Can in a patent infringement suit involving a hydraulically powered mechanical device used in the refuse handling business. Successfully defended claims of infringement by prevailing in a Markman Hearing on claim construction and on summary judgment. The Federal Circuit affirmed the claim construction per curiam, No. 04-1590, 2004 WL 2600 134 (N.D. Cal.) aff’d per curiam, No. 05-1326, slip op. (Fed. Cir.).

II. Trademark Experience

  • Gates Corp. v. Dorman Products, (D. Colo.) - Represented Gates in a false advertising suit involving automatic belt tensioners. After 10 months of litigation, Dorman agreed to an injunction whereby it would cease using the accused advertisements.
  • RE/MAX v. LendingTree, (D. Colo. 2005) - Represented RE/MAX in a trademark infringement suit. RE/MAX charged that LendingTree’s website referred its customers to non-RE/MAX agents even though a customer specifically requested a RE/MAX agent. Confidential settlement reached.
  • RE/MAX International, Inc. - Represented RE/MAX in trademark policing efforts throughout the United States.
  • RE/MAX International v. eBay, (D. Colo.) - Represented RE/MAX in a successful litigation against eBay for a national commercial showing RE/ MAX’s trademarks and trade dress. eBay agreed to cease use of the commercial.
  • US WEST v. Hatten Communications, (TTAB) - Litigated opposition proceeding for Qwest/US WEST in the US Patent and Trademark Office to prevent the registration of the mark US East. TTAB precluded the registration of US East.
  • US WEST, Inc. v. US Web, Inc., (D. Colo.) - Successful litigation brought by Qwest/US WEST against US Web for trademark infringement and dilution. After two years of litigation, US West obtained a settlement where US Web selected a different mark.
  • US WEST - Filed and settled four trademark policing actions on behalf of its former subsidiary, Media One, which later merged with AT&T. In all of the settlements, US WEST negotiated with other entities for them to cease use of the mark “Media One.”
  • Molson Breweries v. Coors Brewing Co., (E.D. Va.) - Successfully defended Coors in a trademark infringement and trade dress action in the Eastern District of Virginia. On preliminary injunction, the court found no infringement of plaintiff’s rights for Coors’ use of “Artic Ice” and its trade dress.
  • Eveready Battery Co. v. Adolph Coors Co., (N.D. Ill.) - Successfully defended Coors for parodying Eveready Energizer Bunny commercials. Eveready lost on its claims of copyright, trademark and trade dress infringement. Case reported at 765 F. Supp. 440 (N.D. Ill).
  • Celestial Seasonings - Policing of Celestial Seasonings’ intellectual property rights throughout the country.
  • United Banks of Colorado - Policing of United Banks’ intellectual property rights. Prevailed in U.S. Trademark Office opposition proceeding and settled several federal court actions around the country.
  • Snugli, Inc. - Policing of trademark rights through Trademark Office actions and federal court proceedings across the country, including a federal suit in the Southern District of New York against Lever Brothers, Inc.
  • Rolex, Inc. v. Samsonite Corp., (S.D. N.Y.; D. Colo.) - Represented Samsonite in litigation involving the trademark “Oyster.” Case settled with Samsonite having the continued ability to use the trademark “Oyster” on luggage.

III. Commercial Litigation and Miscellaneous Experience

  • Univera, Inc. v. Qivana, Inc., (D. Wash. and D. Utah) - Litigated two cases involving theft of trade secrets and breach of contract in the multi-level marketing area. Cases settled confidentially during discovery.
  • ACX Technologies v. Merrick & Company, (State Ct. Colo.) - Litigated construction suit involving pilot plant for the manufacture of polylactide (the technology involved in the DuPont suit noted above). After two years of litigation, obtained confidential settlement for ACX.
  • Melco Industries (W.D. Pa., N.D. Tex) - Prosecuted several copyright suits against companies which pirated Melco’s software.
  • Shoppin’ Bags of Pueblo, Inc. v. Dillon Cos., (D. Colo.) - Defended Dillon Cos., a supermarket chain, charged with predatory pricing. After a three week trial, jury found in favor of defendants. Drafted appeals brief and prevailed on appeal. Decision reported at 783 F.2d 159 (10th Cir.).
  • McClennan v. The Telluride Company, (D. Colo.) - Successfully defended antitrust suit against the Telluride ski resort. Filed counterclaims alleging sham exception to Noer-Pennington doctrine and obtained successful settlement.
  • United States v. Kampiles, (N.D. Ill.) - Successful espionage prosecution of CIA case agent who sold manual of a spy satellite system to the KGB. Wrote appellate brief and argued appeal to the 7th Circuit. Decision reported at 609 F. 2d 1233 (7th Cir.).

Personal Statement

When Mr. Matava is not practicing law, you can usually find him on the ski slopes, a tennis court, a golf course, or a road bike.

Professional Presentations

  • Rocky Mountain IP Institute, “The Dawn Donut Doctrine,” 2014
  • Colorado Bar Association, Speaker, “Trademark Law Update,” 2000
  • Colorado Bar Association, Speaker, “Patent Misuse and Antitrust Law,” 1999
  • International Trademark Association, Speaker, “Parodies and Trademark Law,” 1994
  • Colorado Bar Association, Speaker, “Trade Secret Law,” 1994

Admissions

Colorado

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the 10th Circuit

U.S. Court of Appeals for the 7th Circuit

Awards & Honors

  • Chambers USA, Ranked in Colorado for Intellectual Property Law, 2006-2015
  • The Best Lawyers in America, Ranked in Colorado, 2006-2016
    • Litigation - Intellectual Property, 2016
    • Litigation - Patent, 2016
    • Trademark Law, 2016
  • Super Lawyers Magazine, Listed in Colorado for Intellectual Property, 2006-2015
  • Fellow, Litigation Counsel of America, 2014-2015
  • Colorado IP Inn of Court, Founding Chairman and President, 2010-2011
  • The Colorado Bar Association, Intellectual Property Section, Chairman, Vice  Chairman, Secretary, 1997-1999

Education

Wake Forest University School of Law

Juris Doctor

Trinity College

Bachelor of Science

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