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Matthew Schutte

Law Student

University of New Hampshire Franklin Pierce School of Law

Matthew Schutte is a 2L at the University of New Hampshire Franklin Pierce School of Law. Before attending law school, Matthew attended Purdue University where he earned a Bachelor of Science in Mechanical Engineering. Upon graduation from Purdue, Matthew worked at Cummins Inc. as a Test Engineer for two years. Matthew looks forward to applying his technical experience to the field of intellectual property law.

Recent Articles by Matthew Schutte

New Vision Gaming Cites GAO Report to Bolster PTAB Bias Arguments

On September 6, New Vision Gaming and Development Inc. (New Vision) filed a brief with the U.S. Court of Appeals for the Federal Circuit (CAFC) on return from remand after the U.S. Patent and Trademark Office (USPTO) denied its request for Director Review. The case relates to a Patent Trial and Appeal Board (PTAB) decision canceling all claims of U.S. Patent No. 7,325,806 (‘806 patent) and was previously appealed to the CAFC. But since the last appeal, a report demonstrating evidence that PTAB judges are influenced by U.S. Patent and Trademark Office (USPTO) leadership gives new weight to New Vision’s arguments, says the brief.

CAFC: PTAB Did Not Improperly Place Burden of Persuasion on Nike to Prove Unpatentability of Substitute Claims

On September 1, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision by the Patent Trial and Appeal Board (PTAB) finding that the PTAB did not improperly place the burden of persuasion for proving unpatentability of proposed substitute claims raised sua sponte by the Board on Nike and that substantial evidence supports the PTAB’s obviousness analysis. The decision comes after two prior rulings by the CAFC in related cases between Nike and Adidas. The present appeal concerned the PTAB’s determination that proposed substitute claim 49 of Nike’s U.S. Patent No. 7,347,011 (‘011 patent) was unpatentable as obvious.