Justin Lowery's technical background combined with his trial experience allows him to efficiently manage complicated intellectual property cases for high technology clients.
From companies seeking quick dismissal to those facing half-billion dollar jury trials or critical ITC exclusion orders, clients call on Justin to handle a wide range of litigation matters.
With a bachelor's degree in computer science, Justin is able to grasp complicated technology, effectively communicate with engineers, and understand complex technical issues that drive case strategy. Justin represents clients in high-tech areas such as wireless technology, biomedical devices, and semiconductor design. His experience includes taking multiple cases through trial in district courts and at the ITC.
Justin is experienced with AIA post-grant review proceedings at the USPTO, and understands how these fit into an overall litigation strategy. He also works extensively on intellectual property appeals at the Federal Circuit and Supreme Court. His clients span numerous areas of technology, including telecommunications, e-commerce, e-banking, content management, online advertising, client/server architecture, social networking, online safety and security, authentication, medical devices, and semiconductor chips.
Justin has been recognized as a "Rising Star" by Super Lawyers in both DC and Virginia.
Defended national telecommunications carrier in two-week jury trial involving SMS and MMS messaging. The jury adopted client’s damages theory, rejecting the more than $153 million in past damages and ongoing royalties. The damages verdict was upheld in post-trial motions, with the district court denying plaintiff’s motion for a new trial. The case settled during the pendency of plaintiff’s appeal to the Federal Circuit. (E.D. Pa.; Fed. Cir.)
Defended national telecommunications carrier in multiple patent infringement cases filed by nation’s largest non-practicing entity. The cases were originally filed on 27 patents, with the accused services ranging from LTE, Wi-Fi, network signal processing, cellular base station scheduling, directory assistance and text messaging. (D. Del.; Fed. Cir.)
Representation of microprocessor and graphics processor design company in International Trade Commission investigation where client’s technology was indirectly accused of patent infringement. (ITC)
Led successful Section 101 invalidity defense on behalf of wireless service provider against infringement claims directed to MMS. Prepared the winning motion for judgment on behalf of the joint defense group. Following judgment for our client at the district court, the Federal Circuit affirmed the finding of patent invalidity. (D. Del; Fed. Cir.)
Defended national telecommunications carrier in patent litigation involving base station and mapping technology. Obtained judgment of non-infringement on 4 separate patents, defended that judgment on appeal, and obtained subsequent finding of attorneys’ fees. (E.D. Tex. / Fed. Cir.)
Defended medical products company in competitor lawsuit involving patent infringement claims regarding advanced skin therapy technology and trade secret claims regarding business information. (D. Mass.)
Defended international telecommunications company in patent infringement lawsuit involving claims against U.S. subsidiary. Successfully obtained dismissal for lack of personal jurisdiction. (E.D.Tex.)
Prosecuted patent infringement claims for airport baggage handling technology. (W.D.N.C.)
Defended national home appliance company in patent infringement lawsuit involving household steam iron technology. (D. Del.)
Defended national hotel chain in patent infringement lawsuit involving dynamic web page technology. (D. Del.)
Represented regional construction services company in lawsuit involving competing breach of contract and copyright claims. (D.S.C.)
Represented notable photographer and film director in license and merchandising negotiations regarding his copyrighted works.
Defended foreign communications technology manufacturer in multiple waves of patent infringement lawsuits involving networking technology. (W.D.Tex.)
Defended national bank in patent infringement lawsuit involving credit card personalization technology. (E.D. Tex.)
Defended local crossbow manufacturer against patent infringement claims involving crossbow design. Case settled favorably following successful limiting Markman rulings. (W.D.Va.)
Named to "Virginia Rising Stars," IP Litigation, Super Lawyers, Thomson Reuters, 2014, 2017-2019