Matthew J. Rizzolo
A skilled and versatile litigator, Matt Rizzolo works with companies across industries to develop and implement creative strategies to enforce clients’ intellectual property rights, defend clients from infringement and unfair competition claims, and resolve complex business disputes. Matt litigates intellectual property-related cases in a variety of jurisdictions, including Section 337 investigations before the US International Trade Commission (ITC), federal district courts throughout the United States, the Court of Federal Claims, and the Federal Circuit, as well as in international arbitrations and proceedings before the US Patent and Trademark Office’s Patent Trial & Appeal Board and US Customs and Border Protection.
Matt’s practice encompasses all facets of IP litigation, from pre-suit investigation through trial, post-trial proceedings, and appeals. He has counseled clients in ITC and patent cases involving a wide variety of technical fields, including smartphones, video gaming devices, computer software and hardware, telecommunications, and internet-related services, as well as biotechnology and pharmaceuticals. Matt also advises on business disputes involving IP licenses and other contracts.
In addition to his patent knowledge, Matt is well-versed in litigating a broad range of other intellectual property and unfair competition-related issues, including Lanham Act trademark and false advertising matters, copyright infringement, and trade secret misappropriation. He also maintains an active pro bono practice and has represented pro bono clients in federal and state courts, the Court of Appeals for Veterans Claims, and before the Social Security Administration.
Matt frequently writes and speaks on a wide variety of intellectual property issues and has been quoted in numerous publications, including The National Law Journal, Bloomberg, Reuters, CNBC, and Law360.
Prior to joining Morgan Lewis, Matt led the Section 337 ITC practice at another international law firm.
International Trade Commission Section 337 Investigations
- Defended a leading electronics provider in multiple patent infringement-related investigations brought by a telecommunications company over a total of seven patents involving H.264/H.265 video coding standards
- Defended a cloud storage provider against patent infringement claims brought by a cloud platform company; obtained summary determination of no violation based on the platform company’s waiver of its domestic industry theory through prior patent license agreement with a provider of international risk management services for patents
- Represented a technology company in multiple patent-related ITC investigations against a leading cable television provider, obtaining multiple exclusion orders that led to a global license agreement between the parties
- Defended a streaming technology company against a six-patent ITC investigation, obtaining withdrawal or finding of no violation as to five patents and implementing a non-infringing design-around for the remaining patent
- Represented a major pharmaceutical company in a Lanham Act-based ITC investigation involving claims of unfair competition and false advertising of FDA approval
- Defended a semiconductor manufacturing company against semiconductor design-related patent infringement claims brought by a competitor; the investigation was settled and terminated shortly after the commencement of discovery
- Defended a semiconductor manufacturing company against semiconductor design-related patent infringement claims brought by a competitor, which withdrew its complaint shortly after the manufacturer and other respondents successfully persuaded the presiding ALJ to set an extended target date
- Defended a leading multinational electronics company against claims of patent infringement and trade secret misappropriation
- Represented two automation companies as respondents in preinstitution proceedings in a multi-patent Section 337 investigation involving automated warehouse and logistics technology; obtained withdrawal of one of the asserted patents prior to the ITC’s institution of investigation
- Defended a furniture company in a copyright-based ITC investigation, designing around the copyright at issue to obtain early resolution
- Obtained early termination of investigation on the basis of withdrawal of the complaint against a technology company in a five-patent ITC investigation involving smart thermostats
- Advised multiple clients in various industries regarding Section 337 exclusion order enforcement issues with the Exclusion Order Enforcement Branch of US Customs, including Part 177 ruling requests
- Represented multiple clients in responding to third-party subpoenas issued in ITC Section 337 proceedings
Additional Complex Litigation Matters
- Represented a streaming technology company in a declaratory judgment action against a standard-essential patent licensing administrator and several licensors, alleging non-infringement, and breach of FRAND and unfair competition based on licensing negotiations, and unenforceability resulting from SSO disclosure policy violations
- Represented a manufacturer of liquid beverage enhancer products in a design patent competitor case in the food and beverage industry
- Defended an apparel company in a fashion industry competitor case involving assertion of utility and design patents concerning shoe designs
- Defended an apparel company in a fashion industry competitor case involving assertion of patent relating to shoe heel cup design
- Represented a leading electronics provider in a 10-patent infringement case relating to H.264 and H.265 video coding technology and involving a significant number of SEP- and FRAND-related counterclaims, including breach of contract, Sherman Act antitrust, and fraud claims
- Represented a leading electronics provider in a declaratory judgment action against a standard-essential patent licensing administrator and several licensors, alleging breach of contract and unfair competition based on licensing negotiations
- Obtained pre-answer dismissal on behalf of two veterinary school professors named in a false advertising class action complaint concerning pet food products
- Represented a global electronics company in a multi-patent case concerning liquid crystal display (LCD) technology
- Represented a biotech manufacturer in commercial arbitration concerning alleged breach of COVID-19 vaccine advance purchase agreement; matter settled for significantly less than the $700 million originally sought
- Defended an audio electronics and IoT solutions company in multiple district court cases involving 11 patents directed to a variety of wireless and audio technologies
- Represented a pharmaceutical company in a competitor litigation involving Lanham Act claims of false advertising and state law unfair competition claims
- Represented a medical device manufacturer in declaratory judgment action for non-infringement and state law unfair competition claims against a competitor; case settled shortly after filing
- Represented a cloud storage provider in a patent infringement case relating to wireless communication technology; complainant withdrew its complaint after it was presented with clear non-infringement positions
- Represented multiple semiconductor manufacturers in 10 separate district court actions involving claims of patent infringement related to various aspects of semiconductor technology; disputes settled after the intervention of a third party
- Defended a cloud storage provider in a patent infringement case relating to structure of storage area networks; complaint withdrawn after the provider filed a motion to dismiss for failure to comply with the marking statute
- Represented a wireless audio device manufacturer in a patent infringement case relating to construction of wireless headphones; case settled favorably after filing of motion to dismiss for lack of compliance with marking requirement
- Represented a streaming technology company in multiple patent validity challenges to patents held by two other companies
- Defended a small lighting device company against multi-patent infringement suit from a multinational lighting corporation
- Filed declaratory judgment action on behalf of major wireless audio device manufacturer in response to repeated licensing demands from non-practicing entity; case settled shortly after filing on favorable terms for the client
- Represented a wireless audio device manufacturer in obtaining favorable settlement in patent case relating wireless communication technology
- Defended a leading genomics company from claims of infringement of four patents relating to cell-free DNA sequencing
- Represented a leading supplier of automation equipment for test and industrial applications, in a case raising patent, copyright, breach of contract, and unfair competition claims against an aerospace technology company and a subsidiary
- The George Washington University Law School, 2008, J.D.
- Clarkson University, 2003, B.S., engineering and management
- District of Columbia
- New York
- US Patent and Trademark Office
- US Court of International Trade
- Supreme Court of the United States
- US Court of Appeals for the Federal Circuit
- US Court of Appeals for the Ninth Circuit
- US Court of Federal Claims
- US District Court for the Eastern District of Texas
- US District Court for the District of Columbia
- US District Court for the Southern District of New York
Ranked, Intellectual Property: Litigation, District of Columbia, Chambers USA (2021–2025)
Ranked, International Trade: Intellectual Property (Section 337), District of Columbia, Chambers USA (2022–2025)
Leading Partner, Patents: Litigation (International Trade Commission), The Legal 500 (2025)
Recognized, IAM Patent 100: The World’s Leading Patent Professionals (2023–2025)
Recognized, Rising Star, Managing Intellectual Property (2021, 2024)
Listed, The Best Lawyers in America (2025–2026)
Member, American Intellectual Property Law Association
Member, ITC Trial Lawyers Association