Posts by Matt Levy

Samsung v. Apple, Explained

(This post was cross-posted at Huffington Post) Tomorrow, the Supreme Court will hear arguments in Samsung v. Apple, a case about design patents. This is an important case, and the parties do have a lot at stake: the district court awarded Apple $399 million in damages for design patent infringement. That $399 million represents the…

Opposition to Venue Reform Misses Target

Note: The original version of this post first appeared at IPWatchdog. A group of 28 law professors just sent a letter to Congress opposing patent venue reform. As I’ll explain below, however, their points really don’t justify delaying venue reform. As you probably know, more patent cases are brought in the Eastern District of Texas than…

Alice Helps Another Company Stop a Patent Troll

Michael Skelps, the General Manager of Capstone Photography, has a piece in the Hill today. It seems that Capstone got sued by a patent troll a few years ago. Capstone, which is a small business based in Connecticut, had to lay off 60% of its staff in fighting that troll; Capstone managed to survive because…

Update: PTO Releases Case Study Topics

Following up on this post, the USPTO has released its case study topics: 1) Evaluation of the deviation of 35 U.S.C. §101 rejections from official guidance, correctness of rejections and completeness of the analysis. This study will evaluate whether examiners are properly making subject matter eligibility rejections under 35 U.S.C. §101 and clearly communicating their…

Proposed PTO Case Studies Show Common Concerns

The USPTO recently requested proposals for case studies that the Office might do in order to improve patent prosecution. There were over 100 proposals submitted from associations, companies, law firms, and individuals. There are definitely some proposals that the USPTO should use. I’m hoping that at the USPTO’s Patent Quality Community Symposium on Wednesday, some…