Part-time J.D. student takes on credit card giant in patent trial

Part-time J.D. student Stephen Lewellyn is not a typical law student in Stetson’s law program. Lewellyn balances law school at Stetson with working at the Maxey Law Offices, PLLC in St. Petersburg, Florida. He has been practicing administrative patent law since 2002, when he was admitted to practice before the U.S. Patent and Trademark Office.

Part-time Stetson Law J.D. student Stephen Lewellyn.

Part-time Stetson Law J.D. student Stephen Lewellyn.

“Administrative patent law is a bit of a strange animal in that a law degree is not required to practice. Rather, you must have an engineering or science degree to sit for the Patent Bar Exam,” said Lewellyn. “I took and passed the exam shortly after getting my mechanical engineering degree. And similar to passing a state bar exam, to pass the Patent Bar Exam, you must demonstrate legal skill and knowledge in administrative patent law.”

On May 12, just four days before walking in the College of Law commencement, Lewellyn will be traveling to Alexandria, Virginia, to present as lead counsel before three judges on the Patent Trial and Appeal Board. Lewellyn will be going toe-to-toe with credit giant MasterCard for his client, an individual fighting to protect his patents.

“I think one of the biggest challenges during the hearing will be presenting a lot of technical information in a short period of time and in a manner that is straight forward and persuasive,” said Lewellyn.

Lewellyn explained that his client is seeking holds patents on a secure credit card transactions system and method. The patents cover the use of a substitute credit card number used to secure credit card transactions and prevent identity theft. In 2013, Lewellyn’s client filed a patent infringement lawsuit against MasterCard, Discover and Citigroup in Delaware federal court. MasterCard responded by filing challenges to the patents, alleging they are invalid. Lewellyn will be presenting oral arguments to defend his client’s patents during the May 12 hearing.

“I picked Stetson for a few reasons, including its national recognition as a leader in legal advocacy and writing and because of its part-time program,” Lewellyn said. “I think the best advice I could give someone considering the part-time program is to be prepared for the commitment and to discuss this with family and work.”