Lowenstein & Weatherwax successfully defended its complete IPR trial victory on behalf of its client Polaris Innovations Limited before the United States Court of Appeals for the Federal Circuit. On November 6, the Federal Circuit affirmed the Patent Trial & Appeals Board’s Final Written Decision finding that claims 1-5 and 7 of U.S. Patent No. 7,315,454 were not proven by the petitioner, Kingston Technology Company, Inc., to be unpatentable. Prior to that, the Board found that Kingston also failed to prove that claim 6 was unpatentable and, consequently, every single claim in the ’454 patent challenged in the IPR was successfully defended. The Federal Circuit’s affirmance issued just two days after oral argument was heard in the Court on November 4.

L&W founding partner Nathan Lowenstein presented the argument for Polaris both at trial before the Board and before the Federal Circuit. Lowenstein said, “We are thrilled to secure this victory on behalf of our client and are grateful for the opportunity to defend Polaris both before the PTAB and the Federal Circuit.” Lowenstein noted that “there is no rest for the weary, however, as after the Federal Circuit argument on November 4, I have four IPR trials coming up in the next thirteen days, not to mention some 240 pages of briefing to finalize. All of this coming just a month after my son was born has been quite the experience.”

Lowenstein & Weatherwax LLP is one of the top PTAB litigation firms in the country. In its first seven years, L&W has represented clients in over 150 IPRs/CBMs before the Patent Trial and Appeals Board, including over 30 active matters. Lowenstein & Weatherwax was ranked by data analytics company Patexia as being the country’s top performing IPR firm by win percentage for the period 2013-2018. Lowenstein & Weatherwax also has a thriving appellate practice that includes eight active Federal Circuit matters and three prior U.S. Supreme Court matters, including one argued before the Supreme Court.

Nathan Lowenstein is a founding and co-managing partner of Lowenstein & Weatherwax LLP. He has represented clients in over 50 IPR proceedings as de-facto lead counsel. In those cases, he has yet to have a case in which all claims asserted in litigation have been cancelled. 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.