Mario Moore

Of Counsel

Mario Moore is of counsel in Morgan Lewis's Litigation and Intellectual Property Practices. Mr. Moore is a commercial trial attorney who focuses his practice primarily on high stakes intellectual property litigation and commercial litigation matters. He has worked on five cases involving damages and equitable relief claims worth over a billion dollars, and three additional cases involving claims worth over $100 million. Mr. Moore has represented clients ranging from a solo inventor to market leading biotechnology, chemical, pharmaceutical, medical device, hardware, software, banking, and media clients as both plaintiffs and defendants in complex federal litigation cases, including trial and appellate proceedings. 

Mr. Moore's experience has involved complex litigation concerning patent, antitrust, unfair competition, copyright, DMCA, trademark, and false advertising issues. His clients have included companies who developed recombinant therapeutics, drug-coated stents, trocars, magnetic resonance angiography technology, Java^TM software, desktop computers, servers, and business software for enterprise resource planning, supplier relationship management, customer relationship management, supply chain management, product lifecycle management, and contract management. Mr. Moore also has experience with intellectual property damages and injunction issues.

Mr. Moore's responsibilities have included pretrial case management; defending company witnesses in deposition; conducting company interviews; assisting clients with internal investigations; taking depositions of senior executives, company witnesses, and experts; preparing direct and cross examinations at trial; evidentiary motion practice and hearings; and drafting trial, post-trial, and appeal briefings. He also has experience on case critical discovery matters, including navigating foreign data privacy regulations, and pursuing motions to compel, motions for privilege waiver, motions for sanctions, and claims for discovery misconduct.

Mr. Moore's representations have included the following successful outcomes:

• Obtaining admissions and documentary evidence and drafting a motion for judgment as a matter of law that resulted in a $16 million reduction in the patent damages verdict in software patent case in September 2011  in the Eastern District of Texas. 
• Obtaining admissions and documentary evidence that led to a finding of spoliation of evidence relevant to material breach of a patent license agreement working as counsel for an award winning physician and inventor in a patent and contract case involving medical devices and pharmaceuticals in the Southern District of New York.
• Obtaining a permanent injunction and findings of validity and infringement of two asserted patents by a generics manufacturer in a biopharmaceutical/biosimilars litigation in the Eastern District of Pennsylvania. 
• Obtaining a permanent injunction and finding of validity and infringement of four asserted patents following two trials and two rounds of appeal in a biotechnology pharmaceutical matter in the District of Massachusetts.
• Obtaining a permanent injunction and finding of validity and infringement of five asserted patents following trial and appeal in a widely watched biotechnology pharmaceutical matter in the District of Massachusetts.  Mr. Moore's responsibilities on the case involved navigating and briefing novel issues in the law of claim construction, infringement, and anticipation.
• Obtaining denial of a motion for complete waiver of privilege with respect to patent and litigation counsel documents spanning a two decade time period.  Mr. Moore's responsibilities on the case involved briefing novel issues in the law of privilege waiver.
• Obtaining a favorable settlement on the eve of trial for a plaintiff medical device manufacturer in a false advertising and unfair competition matter in the Central District of California.
• Obtaining a favorable settlement for a plaintiff software developer and computer hardware manufacturer in a major antitrust and copyright matter in the District of Maryland.
• Obtaining a favorable settlement in a copyright case in the Southern District of New York relating to use of photographs by a media organization.

Prior to joining Morgan Lewis, Mr. Moore was a senior associate at the Silicon Valley and Orange County offices of a major international law firm. Prior to that, he was an associate at a nationally known intellectual property litigation boutique in the Silicon Valley, and before that a major international law firm in New York.

Mr. Moore received his J.D. from Harvard Law School in 2001 and his B.A., summa cum laude, in history from the University of California, Los Angeles in 1997.

Mr. Moore is admitted to practice in California and New York and before the U.S. Courts of Appeals for the Eighth and Ninth Circuits and the U.S. District Courts for the Northern, Central, and Southern Districts of California.