Matthew D. Murphey

Matthew D. Murphey

Matthew Murphey is a trial attorney. From the start of his legal career as a courts martial clerk in the United States Army in 1985, Matt has worked in courtrooms. As counsel, Matt has tried cases to juries in three different states and five different federal districts. Matt’s background in science coupled with his trial experience with prosecution agencies allowed him to transfer his trial skills to private practice fifteen years ago to complex patent and other intellectual property, financial institutions, and commercial litigation cases.

Matt has argued cases before the Federal Circuit and Ninth Circuit Court of Appeals, state trial and appellate courts throughout California, Washington, Arizona, and Texas, as well as federal district courts in California, Washington, Arizona, Oregon, Texas, New York, Wisconsin, and Florida.

Matt is qualified as an expert witness in standard of care for patent litigation, patent law trials, trials in federal courts, the Rules of Professional Conduct as it relates to litigation generally and for reasonableness of attorneys’ fees incurred in litigation. He has testified as an expert witness before a jury, and has given expert opinions in this capacity for both plaintiff and defendant litigants.

Matt provides pro bono representation for indigent veterans of the United States Armed Forces in civil litigation and Veterans Administration and Department of Defense matters.

Matt has represented financial institutions and major corporations in jury and bench trials involving guaranty, surety, and all types of litigation matters, including workouts, foreclosures, bankruptcy and purchase and sale disputes. He regularly defends financial institutions against claims of lender liability.

Matt’s intellectual property litigation practice focuses on a particular expertise in patent cases involving a range of technologies. These include chemical and molecular biology disciplines related to the biotechnology industry, including polymerase chain reaction (“PCR”) DNA/RNA isolation assays, gas and liquid chromatography, mass spectroscopy, and in vitro diagnostics (“IVD”). He has also litigated mechanical and electrical/electronic engineering patents related to the diving, sporting goods, food service, computer and mass media technology industries. Matt is an elected member of the Jurisprudence Section of the American Academy of Forensic Science.

Matt also maintains an active trademark, trade dress and copyright litigation practice related to the retail apparel, food service and manufacturing industries. These include matters pending before district courts, the United States Trademark Trial and Appeal Board, and numerous alternative dispute resolution (“ADR”) tribunals.

Matt’s noteworthy precedential Opinions include:

  • Zachary v. California Bank & Trust, 811 F.3d 1191 (9th Cir. 2016)
  • Internet Patents Corp. v. Active Network, Inc ., 790 F.3d 1343 (Fed. Cir. 2015)
  • Enzo Biochem, Inc. v. Amersham PLC, 902 F.Supp.2d 308 (S.D.N.Y. 2012)
  • Pacific Sunwear of Cal., Inc. v. Oleas Enterprises, Inc., 107 Cal.App.4 466 (2008)
  • Hunt v. Superior Court, 81 Cal.App.4 901 (2000)
  • Ricotta v. California, 4 F.Supp.2d 961 (S.D. Cal. 1998)

  • J.D., Gonzaga University School of Law
  • B.A., University of California, San Diego
  • Graduate, Mercer University School of Law
  • Trial Institute, National Criminal Defense College
  • State Bar of California
  • State Bar of Texas
  • United States Supreme Court
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Fifth Circuit
  • Unites States Court of Appeals for the Federal Circuit
  • United States District Court for the Central District of California
  • United States District Court for the Eastern District of California
  • United States District Court for the Northern District of California
  • United States District Court for the Southern District of California
  • United States District Court for the Northern District of Texas
  • United States District Court for the Southern District of Texas
  • United States District Court for the Western District of Texas
  • United States District Court for the Eastern District of Texas
  • United States District Court for the Eastern District of Wisconsin
  • Veterans Legal Institute (VLI), Volunteer staff attorney
  • American Academy of Forensic Science, Jurisprudence Section
  • American Chemical Society, Regular Member
  • State Bar of California, Intellectual Property Law Section
  • State Bar of Texas, Intellectual Property Law Section
  • AV Preeminent® Rating, Martindale-Hubbell
  • Recognized as a Top Lawyer in San Diego by San Diego Magazine, 2013-2016