Matt Fagan

Matt Fagan

Counsel
Matt Fagan
Washington, DC
+1 771-200-2093

Matt Fagan is a counsel in the Life Sciences group at Goodwin. He started at the firm in 2022. Matt represents clients in the medical device and computing technology spaces, holistically protecting hardware and software innovations with patents, copyrights, and trade secrets. He also provides strategic IP portfolio management, counseling related to patent and copyright infringement, and competitive landscape analyses.

In addition to his billable work, Matt has represented pro bono clients through the Volunteer Lawyers for the Arts and the Texas Volunteer Legal Services COVID-19 Eviction Task Force. In his spare time, he works to close the gender gap in computer science; he teaches STEM in his community with Girls who Code and the Girl Scouts of Southwest Texas.

Matt is admitted to practice in Massachusetts and Texas only; his practice is supervised by DC-admitted lawyers at Goodwin. 

Experience

Matt has 15 years’ experience in patent preparation and prosecution. He has worked on technologies ranging from AI/ML and quantum computing to optical networks, encryption, computer-based modeling and simulation, digitalization, and robotics. He has successfully argued numerous cases before the Patent Trial and Appeal Board.

Some of Matt's representative matters include:

  • Establishing a copyright program at a Fortune 500 company to protect the software that runs their manufacturing devices, some of which dated back to the early 1990s*
  • Preparing IP due diligence for an acquisition deal valued at nearly $1 billion and a $165 million stock offering*
  • Reviewing an influencer agreement for a client seeking to advertise on social media*
  • Performing online takedowns of a client’s pirated software and domain name seizures under the UDRP*
  • Advising a client regarding a domain tasting incident
  • Representing a client in settlement negotiations with a font designer who alleged that the client had appropriated the designer’s font for use on the client’s website*

*Denotes experience prior to joining Goodwin.

Professional Experience

Prior to joining Goodwin, Matt was an equity principal at Kacvinsky Daisak Bluni and counsel at Nelson Mullins Riley & Scarborough.

Professional Activities

Matt is active with the Hon. Lee Yeakel IP Inn of Court in Austin, Texas.

Credentials

Education

JDIntellectual Property2007

Boston University School of Law

(with Honors)

BSComputer Science2004

Carnegie Mellon University

BAPhilosophy2004

Carnegie Mellon University

Admissions

Bars

  • Massachusetts
  • Texas
  • U.S. Patent and Trademark Office

Recognition & Awards

Matt has been recognized as a “Rising Star” in the 2013-2017 editions of New England Super Lawyers.

Publications

Matt’s recent publications/speaking engagements include:

  • Author, “Copyright Law's Employment Test Is Frighteningly Outdated,” IP Law 360, October 2021
  • Author, “5th Circ. Copyright Case Is Cautionary Tale For Big Data Cos.,” IP Law 360, August 2020
  • Quoted, “The Ginormous Reason BigLaw, and All Law, Should Get on Board with Working Remotely,” Of Counsel Law Magazine, July 2019
  • Co-Author, “Approaching AI Inventions Under New USPTO Guidance,” IP Law 360, April 3, 2019
  • Author, “Quantum Computing  Raises Problems for the Patent System,” IP Law 360, August 28, 2018
  • Author, “Summary Affirmances Could Undo the Federal Circuit,” IP Law 360, June 23, 2017
  • Author, “Guest Post: Secret Software Sales” Patently-O, June 15, 2017
  • Author, “Will Yahoo Feed the Patent Trolls?” IP Watchdog, October 28, 2016
  • Author, “Will High Court Take On Software Compatibility?” IP Law 360, June 23, 2015
  • Author, "The Legal Community's Use of Cached Web Pages in and out of Trial," B.U. J SCI. & TECH. L., Spring 2007
  • Author, “The FEC and Individual Internet Sites after Shays and Meehan v. FEC,” B.U. J. SCI. & TECH. L., Summer 2006
  • Co-Author, “Perceptual Limits for a Robotic Rehabilitation Environment Using Visual Feedback Distortion,” TRANS. ON NEURAL SYS. & REHAB. ENGR. 1, March 2005
  • Co-Author, “Feedback Distortion for Rehabilitation,” PROC. FROM 11TH IEEE SYMPOSIUM ON HAPTIC INTERFACES FOR VIRTUAL & TELEOPERATOR SYS. 159, March 2003