Lowenstein & Weatherwax successfully defended its complete IPR trial victory on behalf of its client VLSI Technology LLC before the United States Court of Appeals for the Federal Circuit. On April 6, 2021, the Federal Circuit affirmed the Patent Trial & Appeals Board’s Final Written Decision finding that claims 1-5, 9 and 12 of U.S. Patent No. 8,268,672 were not proven by the petitioner, Intel Corporation, to be unpatentable. Every single claim at issue in the IPR trial was successfully defended in the trial and the Federal Circuit’s affirmance issued less than 24 hours after oral argument was heard in the Court on April 5.
L&W founding partner Nathan Lowenstein presented the argument for VLSI 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 VLSI both before the PTAB and the Federal Circuit.” This win was Lowenstein’s second Federal Circuit win on behalf of VLSI affirming a complete IPR trial win below. These Federal Circuit victories build upon Lowenstein’s prior success as Lowenstein also was able to obtain 13 denials of institution in 13 other IPRs brought by Intel and successfully defended VLSI in four of five trials. “I am very thankful for the invaluable contributions from my colleagues, including Ken Weatherwax, Bridget Smith, Greg Smith, Flavio Rose, Edward Hsieh, and Jason Linger,” Lowenstein added.
Lowenstein & Weatherwax LLP is one of the top PTAB litigation firms in the country. In its first eight years, L&W has represented clients in well over 200 IPRs/CBMs before the Patent Trial and Appeals Board. Lowenstein & Weatherwax is consistently ranked amongst the top firms representing patent owners in the country. Lowenstein & Weatherwax also has a thriving appellate practice having been counsel in over 30 Federal Circuit matters and multiple United States Supreme Court matters.
Nathan Lowenstein is a founding and co-managing partner of Lowenstein & Weatherwax LLP. He has represented clients in over 60 IPR proceedings as de-facto lead counsel. 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 & 2020 Top IP Lawyers, which identifies the top 75 IP lawyers in the state of California. Lowenstein has also been selected as a “Super Lawyer” in Southern California by Los Angeles Magazine each of the last nine years.