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  1. Professionals

Matthew R. McCullough

Of Counsel

Silicon Valley

+1 650-858-6453

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  • Overview
  • Experience
  • Credentials
  • Insights & News

Matt has a background in computer engineering, and focuses his practice on representing clients in complex patent litigation covering a broad range of technologies in both federal court and in Section 337 investigations before the International Trade Commission.

Matt concentrates his practice on intellectual property litigation, with an emphasis patent litigation and inter partes review. He has experience representing clients in a wide variety of industries and technologies, including cloud-based software, video game systems, data compression and management, mobile devices, garage door operators, and other consumer products.

Matt has experience working directly with clients to prepare litigation strategies and prepare witnesses for hearings and depositions. He has represented clients by taking and defending fact and expert depositions, and has successfully argued motions, including discovery and claim construction motions.

In addition to patent litigation, Matt assists clients with trade secret litigation and intellectual property due diligence.

Prior to joining Winston, Matt practiced for two and a half years at an Am Law 100 firm concentrating on patent litigation.

Recent Experience

Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case

  • Am Law Litigation Daily “Litigator of the Week” —Recognized for a patent litigation win for Microsoft (September 6, 2024)
  • Best Lawyers: Ones to Watch® in America—Recognized for Litigation - Intellectual Property (2023–2025)
  • Best Lawyers: Ones to Watch® in America—Recognized for Intellectual Property Law (2024–2025)

Capabilities

Patent Litigation
ITC – Section 337
IP Licensing & Due Diligence
Trade Secrets, Non Competes & Restrictive Covenants
Intellectual Property
Public Companies
Media & Entertainment
Technology, Media & Telecommunications

Recent Experience

Winston Achieves Historic No-Damages Summary Judgment for Microsoft in Patent Case

Credentials

Education

Matt received his BSE in computer engineering, summa cum laude, from the University of Michigan in 2011. He received his J.D. from Harvard Law School in 2014, where was a submissions manager for the Harvard Journal of Law & Technology. 

    Admissions
    • California

    Related Insights & News

    • Co-Author, "The Patent Protection Conundrum Facing Producers of AI-enabled Software as Medical Devices," MedCity News, June 2019.
    • Co-Author, "Four Changes to Patent Litigation Post-'TC Heartland,'" The Recorder, October 2017.
    Blog
    Judge Pitman Grants Summary Judgment of No Damages After Excluding Plaintiff’s Expert Damages Testimony

    September 18, 2024

    Recognitions

    Winston Team Receives Shout Out in Litigator of the Week Column

    September 6, 2024

    Recognitions

    Winston Attorneys Recognized in Best Lawyers: Ones to Watch® in America 2025

    August 15, 2024

    Recognitions
    Winston Attorneys Recognized in Best Lawyers: Ones to Watch® in America 2024

    August 17, 2023

    News
    2022 Pro Bono Impact Report

    May 1, 2023

    Recognitions
    Winston & Strawn Attorneys Recognized in Best Lawyers: Ones to Watch in America 2023

    August 18, 2022

    Pro Bono In Action
    Winston's Silicon Valley Office Hosts Pro Bono Clinic For California Fire Camp Participants

    December 8, 2021

    Client Alert
    Federal Circuit Affirms Summary Judgment of Non-Infringement Because Patentee Failed To Authenticate Third-Party Source Code

    May 26, 2021

    Client Alert
    Intent for Induced or Willful Infringement Is Based on Defendant’s Actual State of Mind, Not Objective Test

    November 24, 2020

    Client Alert
    IPR Petitions Are Limited to Combinations Presented by Petitioner; IPR Challenge May Properly Rely on “General Knowledge” of a Skilled Artisan and Admissions in the Challenged Patent

    January 30, 2020

    Client Alert
    Reexamination Estoppel Under § 317 Applies Once Validity Is Finally Decided by Federal Circuit Even if Other Issues Remain Alive

    August 2, 2019

    Article
    The Patent Protection Conundrum Facing Producers of AI-enabled Software as Medical Devices

    June 17, 2019

    View All Insights & News

    Capabilities

    Patent Litigation
    ITC – Section 337
    IP Licensing & Due Diligence
    Trade Secrets, Non Competes & Restrictive Covenants
    Intellectual Property
    Public Companies
    Media & Entertainment
    Technology, Media & Telecommunications
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