Matthew L. Cutler (Matt)

Principal / St. Louis Metro Office

Cutler-Lawyer-of-the-YearMatt’s practice is focused on intellectual property litigation, Inter Partes Review and Post-Grant Review proceedings before the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office. His website, www.IPR-PGR.com, is dedicated exclusively to issues surrounding Patent Office litigation. Matt is also known for his extensive experience pertaining to freedom-to-operate opinions for both infringement and validity analyses.

Matt has argued and won claims before the United States District Court for the Eastern District of Missouri and district courts around the country. One of two patent attorneys on the committee to draft the Local Patent Rules for the Eastern District of Missouri, which were adopted in 2011, Matt is frequently retained to serve as local counsel in the district.

  • Lead counsel in the Proxyconn v. Microsoft case, which marked the first time the Federal Circuit reversed a PTAB Final Written Decision in an IPR
  • Lead district court counsel in the Octane Fitness v. Icon Health & Fitness case, developing the factual record that ultimately led the Supreme Court to change the standard for the award of fees in a patent case and an ultimate award of fees by the district court for our client
  • Jury verdict of “willful” utility patent infringement, “willful” copyright infringement and an award of attorney fees
  • Jury verdict of trade secret misappropriation and an award of attorney fees
  • Jury verdict of design patent infringement
  • Seven figure settlement for the client-defendant in a utility patent infringement action
  • Convinced the plaintiff in a trademark infringement lawsuit to settle contingent upon payment of client-defendant’s attorney fees; defense verdict in false advertising case
  • Numerous settlements after Markman hearings, dispositive motions or other case developments that were significant successes for our clients
  • Experience in resolving international intellectual property disputes, including in China, Korea, Taiwan, Europe and Japan
  • Obtained arbitrator ruling on behalf of client-plaintiff that included seven-figure damages award, above industry average royalty moving forward, and attorney fees
  • Convinced the plaintiff in a trademark infringement lawsuit to settle contingent upon payment of client-defendant’s attorney fees
  • Defense verdict in false advertising case

In the News

Presentations

EVENTS

Articles

Blogs

Matt knows first-hand what it takes to prevail in an intellectual property dispute. A proven litigator, he is committed to delivering comprehensive advocacy in all areas of intellectual property defense and prosecution. A certified mediator, Matt’s negotiation skills are developed and effective. His capabilities include state and federal claims pertaining to complex patent, trademark and copyright litigation, as well as the misappropriation of trade secrets.

Matt’s clients include some of the most innovative businesses of today, and range from start-ups, to emerging companies, to multi-national corporations with global IP assets. Matt is valued for his objectivity and innate ability to leverage his client’s position. Although Matt offers an impressive track record of undeniable results both in and out of court — he is practical — and evaluates each matter from both a legal and economic perspective.

Awards & Distinctions

  • Best Lawyers, “Patent Litigation Lawyer of the Year” in St. Louis, 2017
  • Best Lawyers, Patent Law, 2012-2017
  • Best Lawyers, Intellectual Property Litigation, 2013-2017
  • Best Lawyers, Patent Litigation, 2015-2017
  • Ingram’s Magazine, “50 Missourians You Should Know,” 2017
  • St. Louis Small Business Monthly, “100 St. Louisans to Know to Succeed in Business,” 2017
  • JD Supra, Reader’s Choice Award, 2017
  • Managing Intellectual Property, “IP Stars,” 2014-2016
  • Missouri Super Lawyers, 2013-2014. 2016
  • Missouri Super Lawyers, “Rising Star,” Intellectual Property Litigation, 2010
  • Missouri Lawyers Weekly, “Up & Coming Lawyer,” 2009
  • Notre Dame Club of St. Louis, “Member of the Year,” 2008

Memberships

  • Bar Association of Metropolitan St. Louis
  • Eastern District of Missouri, Patent Rules Committee
  • The Missouri Bar

Civic & Charitable

Matt is a founding member and member of the Board of Directors for the Joshua Chamberlain Society, a charity which supports seriously injured or fallen military veterans and their families, online at www.chamberlainsociety.org.

Education

J.D., Washington University in St. Louis, 1997

B.S., University of Notre Dame, 1992

Bar & Court Admissions

Missouri

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Patent and Trademark Office

Eastern District of Missouri