Nicholas Matich Image

Nicholas Matich

Principal, IP Practice

McKool Smith

Nicholas Matich is a principal in McKool Smith’s intellectual property (IP) practice, representing a broad array of clients in IP disputes both as plaintiffs and defendants and advising clients on IP strategy.  Nick frequently speaks and is quoted in the media on US IP policy and litigation.  Prior to joining the firm, Nick served as Acting General Counsel of the United States Patent and Trademark Office (USPTO) where he represented the agency before the Federal Circuit and U.S. Supreme Court.

During his time with the USPTO, Nick supervised the provision of legal advice and litigation on intellectual property (IP) and administrative matters for the agency, including providing legal advice on patent, trademark, and copyright matters. His responsibilities included supervising more than 130 attorneys and support staff of USPTO’s Office of the General Counsel, including the Office of the Solicitor which litigates IP matters on behalf of the USPTO. Nick also coordinated with the Department of Justice, Department of Commerce, and other agencies in developing the government’s position on major IP cases before the Supreme Court and Courts of Appeals. Prior to assuming the role of Acting General Counsel, Nick served as Senior Legal Advisor in the Office of the USPTO Director, in which capacity he personally briefed and argued a number of high-profile stakes appeals on behalf of the USPTO.

Prior to working at the USPTO, Nick served as Deputy General Counsel at the Office of Management and Budget (OMB) within the Executive Office of the President. At OMB, he oversaw attorneys advising on the full range of legal issues affecting the agency and supervised OMB’s legal review of significant regulatory actions by federal agencies. Nick also concurrently served as a presidential appointee on the governing body of the Administrative Conference of the United States (ACUS), an independent executive branch agency charged with advising other federal agencies on administrative law and processes.

Before joining OMB, Nick worked in the White House as Special Assistant to the President and Associate Staff Secretary, where he coordinated the vetting of executive orders, speeches, legislation, signing statements, memoranda, and other documents for the president. Prior to his service in the government, Nick practiced at several prominent law firms and worked as a law clerk for the Honorable Richard C. Wesley of the United States Court of Appeals for the Second Circuit.

Nick earned his bachelor’s degree summa cum laude from the University of Notre Dame and his law degree from the University of Virginia School of Law, where he was Senior Editor of the Virginia Law Review. Before attending law school, Nick served in the United States Navy as a Surface Warfare Officer and made several overseas deployments.

Recent Articles by Nicholas Matich

Vidal’s Latest Director Review Decisions Fail to Simplify the ‘Compelling Merits’ Analysis

U.S. Patent and Trademark Office (USPTO) Director Kathi Vidal has been on a tear recently, reviewing sua sponte a number of Patent Trial and Appeal Board (PTAB) decisions and designating others precedential. Many of those decisions have helped to make America Invents Act (AIA) proceedings more rigorous and fair, such as the Director’s decisions correcting the PTAB for relying on conclusory expert statements and putting at least some teeth in the real parties in interest requirement. Her most recent interventions in Commscope Technologies v. Dali Wireless IPR2022-01242 and AviaGames, Inc. v. Skillz Platform, Inc., IPR2022-00530 however, add more confusion than clarity to the Fintiv analysis, and more work for parties and the Board, without improving fairness or efficiency.

Past Events with Nicholas Matich

IPWatchdog LIVE 2023

September 17-19, 2023

Artificial Intelligence Masters™ 2023

Held on March 07-08, 2023

IPWatchdog LIVE 2022

September 11-13, 2022

PTAB Masters™ 2022

January 24–27, 2022

IPWatchdog Virtual PTAB Masters™ 2022

January 24, 2022 @ 10:30 am - January 27, 2022 @ 4:30 pm EST

IPWatchdog LIVE 2021

September 12-14, 2021