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Matthew Fagan

is a Senior Associate at Kacvinsky Daisak Bluni PLLC, where he advises Fortune 20 companies, major research universities, high-tech startups, and individual inventors. His practice includes patent preparation and prosecution, portfolio management, clearance searches and freedom-to-operate analyses, non-infringement opinions and negotiations relating to allegations of infringement. With significant experience in software copyright issues, online use of trademarks and trade secrets, Matthew has also prepared and prosecuted patent applications in the United States, the European Union, Japan and other foreign patent offices. He has successfully argued cases before the Patent Trial and Appeal Board as well as the Board of Patent Appeals and Interferences. Matthew began his legal career at the intellectual property boutique Lahive & Cockfield. Before joining KDB, Matthew was Of Counsel with Nelson Mullins Riley & Scarborough, a large regional law firm. At Nelson Mullins he served on the IP Procedures Committee, where he advised the firm’s IP practice regarding statutory and case law developments. For more information please visit Matthew’s firm profile page.

Recent Articles by Matthew Fagan

Will Yahoo Feed the Patent Trolls?

Yahoo’s proposed auction of the Excalibur portfolio is likely to be the largest sale of computer-related patents since the Alice Corp. v. CLS Bank Int’l ruling in June of 2014. Alice may reduce the number of overly-broad patents in existence in the long run, but (ironically) in the short term the decision may have skewed patent value calculations in a way that encourages the kinds of behaviors it was supposed to negate. A sale of the Excalibur patents will provide an important test of Alice’s effects in the short term.