Career
Matthew Avery is a leading patent prosecution attorney and trusted strategic advisor to companies ranging from Fortune 50 multinationals to venture-backed startups, known for building high-value patent portfolios across cutting-edge technologies including artificial intelligence, life sciences, fintech, and clean energy. A prolific and widely cited scholar and professor whose work has influenced courts and Supreme Court amicus briefing, he combines deep legal and technical training with business-focused counsel to help innovators protect core technologies, secure investment, and compete globally. In addition to providing legal services for his clients, Mr. Avery is also an Adjunct Professor at the University of California College of the Law, San Francisco, where he teaches courses on Patent Prosecution and Food & Drug Law. He previously taught at Santa Clara University, School of Law.
Personal
J.D., University of California, Hastings College of the Law 2009
summa cum laude
Production Editor, Hastings Law Journal
M.S., Chemical Engineering, Stanford University 2004
B.S., Chemical Engineering, Material Science & Engineering (double major), University of California at Berkeley 2001
Publications
Patenting Working Animals, Syracuse Law Review, Vol. 75 (2025).
The Myth of “Bad” Patents: Impact of Prosecution Length on Patent Litigation Outcomes, 38 Harvard Journal of Law & Technology, Vol. 38 (2024).
Pre-Litigation Investigations and Due Diligence (Book Chapter), in Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio (Kenneth Dorsney ed., ABA Press 3rd ed. 2022).
Animal-based Medical Diagnostics: A Regulatory Problem, Food & Drug Law Journal, Vol. 75 (2020).
The Return of the Plague: Inequitable Conduct After Regeneron v. Merus, Santa Clara High Technology Law Journal, Vol. 34 (2018).
Roberts Was Wrong: Increased Antitrust Scrutiny After FTC v. Actavis Has Accelerated Generic Competition, Virginia Journal of Law & Technology, Vol. 19 (2015).
The New Plague: False Claims Liability Based on Inequitable Conduct During Patent Prosecution, Fordham Intellectual Property, Media & Entertainment Law Journal, Vol. 25 (2015).
The Conflict Between the FDA’s Pre-Launch Activities Importation Request Program and the Hatch-Waxman Act, Hastings Science & Technology Law Journal, Vol. 6 (2014).
The Antitrust Implications of Filing “Sham” Citizen Petitions with the FDA, Hastings Law Journal, Vol. 65 (2013).
The Roadblock for Generic Drugs: Declaratory Judgment for Later Generic Challengers, North Carolina Journal of Law & Technology, Vol. 15 (2013).
FDA Enforcement of Criminal Liability for Clinical Investigator Fraud, Hastings Science & Technology Law Journal, Vol. 4 (2012).
Bringing Smart Pills to Market: FDA Regulation of Ingestible Drug/Device Combination Products, Food & Drug Law Journal, Vol. 66 (2011).
Baseless Paragraph IV Certifications and Shifting Obviousness Defenses, Intellectual Property & Technology Law Journal (May 2010).
Personalized Medicine and Rescuing “Unsafe” Drugs with Pharmacogenomics: A Regulatory Perspective, Food & Drug Law Journal, Vol. 65 (2010).
Continuing Abuse of the Hatch-Waxman Act by Pharmaceutical Patent Holders and the Failure of the 2003 Amendments, Hastings Law Journal, Vol. 60 (2008).
