Law 360 published the article “Federal Circuit Shuts Down PTAB Petitioner’s Anthrex Challenge” concerning Lowenstein & Weatherwax’s Federal Circuit win on behalf of its client, Polaris Innovations, on November 6 in which Polaris’ complete IPR win before the Patent Trial & Appeal Board was affirmed by the Federal Circuit. The article focuses in particular upon Kingston’s last minute attempt to have the appeal remanded based upon the Federal Circuit’s decision in Arthrex, finding PTAB judges to be appointed in violation of the U.S. Constitution’s Appointments Clause. The Court rejected Kingston’s motion for remand—filed several hours after the close of business on the last business day before oral argument—based upon Polaris’ opposition, which was quoted extensively in the article. Lead counsel, Nathan Lowenstein said, “under the circumstances, because we wanted the judges and their clerks to consider our position, we needed our opposition to be on file as promptly as possible. I had to write our opposition in an hour, with help from my partner Ken Weatherwax, and I’m glad the Court found it persuasive.” Following the Court’s rejection of Kingston’s motion for remand, the Court heard oral arguments on the merits of the appeal and affirmed Lowenstein’s IPR win within 48 hours of the argument. Lowenstein gave the oral arguments for Polaris both before in the IPR trial and before the Federal Circuit.
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.