Matthew Avery works on a range of intellectual property matters, focusing primarily on patent prosecution, counseling, and diligence. Mr. Avery has experience in preparing and prosecuting patent applications relating to a wide range of technologies, including the medical device, biotechnology, pharmaceutical, chemical, clean tech, sports tech, software and semiconductor arts. He also has experience in FDA regulatory matters, particularly dealing with the Hatch-Waxman Act, ANDA litigation, and the regulation of generic drugs. In addition to providing legal services for his clients, Mr. Avery is also an Adjunct Professor at the University of California, Hastings College of the Law, where he teaches courses on Patent Prosecution and Food & Drug Law. He previously taught at Santa Clara University, School of Law.
Mr. Avery received his J.D., summa cum laude, from U.C. Hastings in 2009, where he graduated second in his class. While at Hastings, he served as a teaching assistant for Legal Writing, Moot Court, and Food & Drug Law. He also worked as a Production Editor on the Hastings Law Journal, and currently serves as President of the Journal's Alumni Board. During law school, Mr. Avery served as a judicial extern for Justice Ming Chin of the Supreme Court of California, where he worked on a variety of criminal and civil matters.
Mr. Avery is a prolific author and has received several awards recognizing his outstanding contributions to the academic literature, including the American Society for Pharmacy Law's 2011 Larry M. Simonsmeier Writing Award, the American Intellectual Property Law Association's 2009 Past President's Award and U.C. Hastings' 2009 Albert G. Evans Scholarship in Private Enterprise. He was also a finalist in the American Intellectual Property Law Association's 2008 Watson Writing Competition. His publications have been cited in amicus briefs filed with the U.S. Supreme Court, in court decisions, and in dozens of law review articles.
Mr. Avery received his master's degree in chemical engineering (focused in biochemical engineering) from Stanford University and his bachelor's degree in chemical engineering and material science & engineering from U.C. Berkeley. Prior to law school, he spent four years working as a process engineer in Bayer Healthcare's biotechnology division in Berkeley, California. He is also a Licensed Professional Engineer (chemical) in California.
Awards & Community
American Society for Pharmacy Law, Larry Simonsmeier Writing Award, 2011
American Intellectual Property Law Association, Past President's Award, 2009
American Intellectual Property Law Association, Finalist, Watson Writing Competition, 2008
Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, Second EditionExternal Article
Chapter 14: Pre-Litigation Investigations and Due Diligence, American Bar Association Book Publishing
Santa Clara High Technology Law Journal
Roberts Was Wrong: Increased Antitrust Scrutiny after FTC v. Actavis Has Accelerated Generic CompetitionExternal Article
Virginia Journal of Law and Technology
Fordham Intellectual Property, Media and Entertainment Law Journal
Chapter 14: Pre-litigation Investigations and Due Diligence, American Bar Association Book Publishing
Baker Botts lawyers in a joint presentation with Neil Joseph of Stack Lighting, addressing issues involved in technologies related to the Internet of Things, including loT use cases, interoperability and data privacy.