Matthew practices with Mintz Levin’s Intellectual Property Litigation group, specializing in patent litigation at the International Trade Commission, United States District Courts, and United States Court of Appeals for the Federal Circuit. Matthew’s experience includes litigating cases all the way through trial and appeals, including several ITC Investigations. Matthew’s clients are focused on technologies ranging from high tech and software, to life sciences and medical products.
During law school, Matthew served a judicial intern for the Hon. Dennis J. Curran of the Massachusetts Superior Court. In that role, he assisted the management of both the Judge’s civil session as well as the Judge’s pilot program on the effectiveness of mediation.
Education
- Boston College (JD)
- Boston College (BA, Mathematics, Political Science)
Experience
International Trade Commission
- Certain Graphics Systems, Components Thereof, and Consumer Products Containing the Same (337-TA-1044) - Represented Advanced Micro Devices (AMD) as complainant in the ITC asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. Respondents include LG Electronics, VIZIO, MediaTek, and Sigma Designs, Inc. (SDI). Achieved settlement with LG prior to the conclusion of expert discovery. Following the evidentiary hearing, the presiding ALJ issued an initial determination finding a violation of Section 337 and recommending the imposition of an exclusion order against the remaining Respondents’ accused products. The ITC affirmed the ALJ’s finding of a violation on August 22, 2018. As a result, the Commission issued orders banning the importation of products made by VIZIO, MediaTek, and SDI and cease and desist orders against VIZIO and SDI, subject to a 60-day presidential review period.
- Certain Communications or Computing Devices and Components Thereof (337-TA-925) - Represented owner of portfolio of communications and computing patents from former enterprise communications business unit of large multinational innovation company. An ITC investigation was instituted in August 2014 as to respondent entities Apple, Samsung Electronics, LG Electronics and HTC Corporation. Google participated as an intervenor. The investigation resolved prior to evidentiary hearing in June of 2015.
- Certain Consumer Electronics with Display and Processing Capabilities (337-TA-884) - Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC. Investigation was instituted in June 2013 and among the respondent entities were Panasonic, Toshiba, Vizio, and ZTE. Most respondents settled. After an evidentiary hearing held over several days in May 2014, on August 29, 2014 Mintz Levin successfully obtained a recommendation for a Limited Exclusion Order against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge’s Initial Determination was pending.
Federal District Court
- Preservation Wellness Technologies, LLC v. NextGen Healthcare Information Systems, LLC, 2:15-cv-01562 (EDTX) – U.S. Federal Circuit Judge William Bryson presided over the case, granting Mintz client NextGen’s motion to dismiss after oral argument in April 2017. Judge Bryson held that Preservation Wellness’ patent at issue covers nothing more than the basic concept of a medical records system, which he said is not patent-eligible under the U.S. Supreme Court’s Alice decision. Mintz represented NextGen on the appeal at the CAFC and the decision was upheld.
Pro Bono
- Received fully favorable appeal decision from the Social Security Administration’s Office of Disability Adjudication and Review for a claimant with mental health disabilities including depression and PTSD, overturning the SSA’s Initial Determination denying the claimant any benefits.
Recent Insights
Viewpoints
Software is Still Patent Eligible
February 16, 2017|Advisory
News & Press
In this column, Mintz attorneys James Wodarski, Andrew DeVoogd, Daniel Weinger, and Matthew Karambelas analyze the decision made by the ITC about patent claims that have been negated by Alice Corp v. CLS Bank International in the 100-Day Pilot Program.
Viewpoints
Delaware District Court Finds No Work-Product or Common Legal Interest Protection for Certain Pre-Suit and Pre-Agreement Documents and Communications Between Patent Owner and Litigation Financing Company
February 21, 2018| Advisory
Recently, the District of Delaware held that a there was no work-product protection, and no common legal interest protection covering communications and documents shared between a patent owner and a third-party litigation financier, where the exchange occurred prior to any written agreement signed between the two parties and prior to the filing of any litigation.
Software is Still Patent Eligible
February 16, 2017| Advisory
In recent years, software patents have come under fire from legislation (the American Invents Act) that has generally made patents easier to invalidate, and from court decisions (the Supreme Court’s decision in Alice v. CLS Bank1 and its progeny) that have made computer-implemented inventions more vulnerable to subject matter eligibility challenges.
Supreme Court Rules Against Apple in Design Patent Case with Samsung, Remands to Federal Circuit to Formulate Test for Identifying Relevant “Article of Manufacture”
December 7, 2016| Alert
Yesterday, the Supreme Court held that the relevant “article of manufacture” for arriving at a damages award for design patent infringement need not be the end product sold to the consumer, but may be only a component of that product.
Intellectual Ventures Petitions Federal Circuit for Full Court Review
November 18, 2016| Blog
Earlier this week, Intellectual Ventures (IV) petitioned the full Federal Circuit to review the panel opinion in Intellectual Ventures v. Symantec, which invalidated two of its patents under section 101. Both patents—the ’050 and the ’610—are directed to filtering email or file content.
In McRO, Federal Circuit Provides Further Guidance on Section 101
September 22, 2016| Blog
Two years after the Central District of California invalidated two 3-D animation patents under Section 101, the Federal Circuit reversed that court’s decision, finding that the lower court oversimplified the claims of a computer-related invention.
A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program
August 26, 2016| Advisory
On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994.
Focusing on the Second Step of Alice, Federal Circuit Finds Inventive Concept in Software Patent in BASCOM
July 6, 2016| Blog
Arming software-patentees with additional precedent in favor of eligibility for software patents post-Alice, the Federal Circuit on June 27, 2016 handed down its decision in BASCOM Global Internet Servs., Inc. v. AT&T Mobility LLC, et al., No. 2015-1763, 2016 U.S. App. LEXIS 11687 (Fed. Cir. June 27, 2016), vacating the lower court’s decision.
ALJ Shaw Confirms ITC’s Post-Suprema Authority to Exclude Articles That Infringe After Importation Based on Contributory Infringement
August 10, 2015| Blog
The International Trade Commission has recently released the public version of the Administrative Law Judge’s Final Initial Determination in Certain Marine Sonar Imaging Devices, Including Downscan and Sidescan Devices, Products Containing the Same, and Components Thereof, Inv. No. 337-TA-921, Init Det. (July 2, 2015).
Patentability of Software Post-Alice: How Do Courts Determine Whether an Idea is Abstract ?
January 12, 2015| Advisory
Since the Supreme Court’s decision in Alice Corp. v. CLS Bank Int’l on patentable subject matter, courts have tried to follow the prescribed framework.
CAFC Finds Patent Claiming Software-Related Invention is Patentable
December 10, 2014| Blog
For the first time since the Supreme Court’s Alice Corp. v. CLS Bank Int'l decision this past summer, the United States Court of Appeals for the Federal Circuit has found that a patent claiming a software-related invention was patentable subject matter under 35 U.S.C. § 101 (with Judge Chen writing the majority opinion).
News & Press
Novel Outcome at the ITC: Patent Claims Invalidated under Alice in the 100-Day Pilot Program
January 3, 2017
In this column, Mintz attorneys James Wodarski, Andrew DeVoogd, Daniel Weinger, and Matthew Karambelas analyze the decision made by the ITC about patent claims that have been negated by Alice Corp v. CLS Bank International in the 100-Day Pilot Program.