Nathan Lowenstein is a founding partner and co-Managing Partner of Lowenstein & Weatherwax LLP. He is one of the top IPR litigators representing patent owners in the country. Mr. Lowenstein has represented or is representing the patent owner as de facto lead counsel in over 50 IPR matters, and in those matters, Mr. Lowenstein is yet to have a case in which every claim-at-issue in litigation has been cancelled.
Mr. Lowenstein’s IPR practice builds upon his extensive experience in complex litigation in federal and state courts, international arbitrations, and in appeals, including before the United States Supreme Court and the Federal Circuit. Mr. Lowenstein has been lead counsel in multiple patent litigations and is a veteran of multiple high stakes patent litigation trials all involving high stakes patent disputes.
He has represented clients in numerous industries, including the semiconductor, smart phone, networking, medical device, TV broadcasting, video game, telephone headset, and bio-pharmaceutical industries. Mr. Lowenstein was named by National Law Journal as a 2019 IP Trailblazer, one of just 27 attorneys nationwide recognized for the distinction. He was also named to the Daily Journal’s 2019 Top IP Lawyers, which identifies the top 75 IP lawyers in the state of California. Lowenstein was one of the youngest attorneys identified and one of just two attorneys identified as specializing in inter partes review litigation. Lowenstein has also been selected as a “Super Lawyer” in Southern California by Los Angeles Magazine each of the last six years, one of the youngest attorneys to be selected for this honor. Prior to that, the same magazine identified Mr. Lowenstein as a “Rising Star.”
Mr. Lowenstein has a J.D. from UCLA Law School and a B.A., with honors, from UCSC. Mr. Lowenstein has been active in numerous local charities, public interest organizations and bar associations.
Personal Experience In Representative Matters
Kingston Tech. Co. v. Polaris Innovations, Ltd. (Federal Circuit 2019) – lead counsel for appellee Polaris in appeal. The Federal Circuit affirmed Polaris’ complete IPR victory before the Patent Trial & Appeal Board affirming all claims in Polaris’ challenged patent. Lowenstein was also lead counsel for Polaris in the IPR trial that was the subject of the appeal.
Apple v. IXI, IP, LLC (Patent Trial & Appeal Board 2019) – counsel for patent owner in six Inter Partes Review proceedings. The Board denied institution in all six proceedings.
Google/Samsung v. Seven Networks, LLC (Patent Trial & Appeal Board 2018) – Lead* or co-lead counsel for patent owner in eighteen Inter Partes Review Proceedings. The cases have since settled.
Intel v. VLSI Technology LLC (Patent Trial & Appeal Board 2018) – Lead counsel for patent owner in five pending Inter Partes Review proceedings. A sixth IPR petition was denied institution by the Board.
Facebook, Inc. v. Sound View Innovations, LLC (Patent Trial & Appeal Board 2017) – Lead counsel for patent owner in four (of eight) Inter Partes Reviews. All four IPRs were not instituted by the Board.
Alphonso, Inc. v. Free Stream Media Corp. (Patent Trial & Appeal Board 2017) – Lead counsel for patent owner in two Inter Partes Reviews concerning networked devices. Both matters were denied institution by the Board.
Kingston Tech. Co. v. Polaris Innovations, Ltd. (Patent Trial & Appeal Board 2016/2017) –Counsel for patent owner in seven Inter Partes Reviews concerning memory module technology. In the four matters in which Mr. Lowenstein took the lead, the Board declined to institute two matters in their entirety and declined to institute as to claims at issue in the litigation in a third. In the fourth matter, all claims were upheld by the Board in the Board’s final written decision.
Intel v. Future Link Systems (Patent Trial & Appeal Board 2016) – Lead counsel for patent owner in four Inter Partes Reviews concerning semiconductor technology.
IpLearn Focus, LLC (Patent Trial & Appeal Board 2014/2015) – Lead counsel for patent owner IpLearn-Focus in three Inter Partes Reviews. One of the three petitions was not instituted and Lowenstein was able to preserve claims-at-issue in litigation in the other two patents following final written decisions by the Board.
Solocron Media, LLC (Patent Trial & Appeal Board 2014) – Lead counsel for patent owner in 13 Inter Partes Reviews. The matters settled after the patent owner preliminary responses were filed.
Maxim Integrated Products, Inc. (Patent Trial & Appeal Board 2013/2014) – Counsel for patent owner Maxim Integrated Products, Inc. in four Covered Business Method Patent Reviews. The PTAB decided not to institute all four matters.
Sightsound Technologies, LLC v. Apple Inc. (U.S. Supreme Court 2016) – Represented amicus curiae Biotechnology Innovation Organization (BIO) in support of pending petition for certiorari regarding the availability of judicial review of decisions by the Patent Trial & Appeal Board in the Federal Circuit.
Achates Ref. Publ., Inc. v. Apple Inc. (U.S. Supreme Court 2015/2016) – Lead counsel for petitioner, concerning the availability of judicial review of decisions of the Patent Trial & Appeal Board in the Federal Circuit. Lowenstein’s petition for certiorari in this matter prompted a settlement of the underlying longstanding dispute.
Kimble v. Marvel Enterprises, Inc. (U.S. Supreme Court 2014/2015) – Obtained a grant of certiorari over the objection the United States government and represented Petitioners in case argued before the United States Supreme Court relating to whether the U.S. Supreme Court would overrule Brulotte v. Thys, Co., 379 U.S. 29 (1964).
Medtronic Inc. v. Boston Scientific Corp. (U.S. Sup. Ct. 2013) – Represented amicus curiae Tessera arguing for vacatur and remand on the basis that the Federal Circuit lacked jurisdiction to hear the underlying dispute concerning the burden of proving patent infringement in declaratory judgment actions.
Sunlight Product Technologies, Ltd. v. MpowerD Inc. (C.D. Cal. 2016) – Lead counsel for plaintiff and cross claimant in multi-patent dispute concerning solar powered lanterns.
Kratos Enterprises Holdings, LLC v. Nova Ortho-Med, Inc. (E.D. Mich. 2016) – Lead counsel for defendant in patent litigation. The matter was resolved through settlement.
Kee Action Sports, LLC v. Shyang Huei Industrial Co. Ltd., (D. Or.) – Lead counsel for defendants in a 10 patent case involving both patent infringement and breach of contract claims. The matter was resolved through settlement.
Sundesa, LLC v. Nutrakey Inc. (C.D. Cal.) – Lead counsel for defendant in patent infringement action. The matter was resolved through settlement.
*References to Mr. Lowenstein being “lead” counsel in PTAB matters refers to cases Mr. Lowenstein has managed.
IP Law 360 Article On Lowenstein’s Federal Circuit Win
Lowenstein & Weatherwax Secures Federal Circuit Victory For Polaris Innovations
L&W Achieves Non-Institution Of 6 IPR Petitions Filed Against Client’s Patent
Nate Lowenstein Named to The Daily Journal’s 2019 Top IP Lawyers
L&W Partner Nate Lowenstein Named 2019 IP Trailblazer by National Law Journal