David Loewenstein

American

35+ years of experience

Language:

English

Present Function:

Over 35 years of intellectual property litigation experience and related contract, tort and intellectual property matters concerning a very broad spectrum of technologies (see below).
Litigated cases regarding ETSI (European Telecommunications Standard Institute) Directives and Rules
Lead counsel for multinational companies in trials and appeals (See list of reported cases below).
Appeared in District Courts in approximately 15 States and argued in the Federal Circuit.
Briefed and argued about a dozen summary judgment motions.
Briefed and argued at several Markman (patent claim construction) hearings.
Briefed and argued Daubert motions (had damages experts excluded, in Delaware, case was dropped).
Two week-long trials in the International Trade Commission (Prevented exclusion orders and had patents held invalid and unenforceable).
Eight-month damages trial in Boston (won just under one billion dollars in damages (At the time the largest patent damages award in history and still in the top 2 or 3, in real dollars).
Expert in damages litigation.
Two, two-week long trials in Washington State (Ford Motor Company) and New Jersey (Varian Associates).
Drafted, with experts, over a dozen expert reports and cross-examined experts in a variety of disciplines.

General Expertise:

Technical Expertise:

Certifications and/or licenses

U.S. Supreme Court
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for the Second Circuit
U.S. District Courts for the Southern and Eastern Districts of New York
New York State
U.S. Patent and Trademark Office

Professional legal or litigation experience related to the scope of competence of the PMAC

Reported Decisions:
Supreme Court
• Agostini v. Felton, 521 U.S. 203 (1997) (First Amendment, religion, pro bono; co-author of opening brief.
Circuit Courts (* indicates lead counsel)
• Edgewell/Playtex v. Albaad USA, Inc. 2018 U.S. Dist. LEXIS 230070 (D. Del. 2018) (won summary judgment of patent invalidity) affirmed (with costs) 773 Fed. Appx. 626 (Fed. Cir. July 15, 2019) (Consumer products)(* argued)
• KPN v.Gemalto, et al, 942 F.3d 1143 (Fed. Cir. 2019) (co-lead counsel)
• Young v. Lumenis, 301 F. Supp. 2d 765 (S.D. Ohio 2004); Young v. Lumenis, Inc., 492 F.3d 1336 (Fed. Cir. June 27, 2007) (reversed in part under now vacated indefiniteness standard) (* argued)
• Komlosi v. Fudenberg, 2002 U.S. App. LEXIS 13310 (2nd Cir. May 13, 2002) (Defamation and other torts; pro bono)(* argued)
• Horphag Research Ltd. v. Consac Industries, Inc., 1997 WESTLAW 196744, 42 U.S.P.Q.2d 1567 (Fed. Cir. 1997)

District Court and ITC (* indicates lead counsel)
• Osprey v. Connatix (Copyright computer software)(*)
• Cooper Standard Automotive v. SFC (E.D. Mich.) (breach of contract)(*)
• Content Aware v. Nosto (E.D. Tex.) (software)(*)
• Philips v. Telit and Thales (four cases D. Del.) (wireless transponders; standard essential patents (SEP) and FRAND royalties)(*)
• Sesaco v. Equinom (W.D. Tex.) (Sesame seeds and trade secrets)(*)
• DataCloud v. F-Secure (W.D. Tex.) (computer security)(*)
• Echologics v. Aquarius (N.D. Ga.) (water pipe testing)(*)
• ITC Proceeding Certain UMTS And LTE Cellular Communication Modules and
Products Containing the Same (Trial 2021(*)
• Slyce v. Syte (W.D. Tex. 2020)(Computer vision; settled)(*)
• ITC Proceeding - Certain Radio Frequency Micro-Needle Dermatological Treatment Devices and Components Thereof, Investigation No. 37-TA-1112 (2018) (Trial 2019, Settled after judge indicated the asserted patents were invalid)(*)
• ITC Proceeding – Certain Blood Separation and Cell Preparation Devices (Settled 2019 just before trial)(*)
• Uniloc2017 v. Cardo & Terrano (E.D. Tex. 2018) (settled 2019) (Bluetooth)(*)
• KPN v. Telit Wireless Solutions, Inc., Civil Action No. 17-cv-92-LPS (D. Del. 2018) (Wireless communications, error correction; co-lead counsel)
• M2M Solutions v. Motorola Solutions Inc. and Telit Wireless Solutions Inc. Reported Decisions, 2019 U.S. Dist. LEXIS 204956 (D. Del. Nov. 26, 2019) 2016 U.S. Dist. LEXIS 22944 (D. Del. Feb. 25, 2016); 2016 U.S. Dist. LEXIS 872 (D. Del. Jan. 6, 2016); 2013 U.S. Dist. LEXIS 160816 (D. Del. 2016) (wireless transponders)(*)
• Mobileye, Inc. v. Picitup Corp., 928 F. Supp. 2d 759 (S.D.N.Y. 2013)(computer vision, forward collision warning systems; won summary judgment, non-infringement). (*)
• WRE-Hol, LLC v. Pharos Sci. & Applications, 2010 U.S. Dist. LEXIS 82570 (W.D. Wash. July 23, 2010) (settled) (*)
• Immersion Med. Inc. v. Mentice AB [and Simbionix], 2009 U.S. Dist. LEXIS 92034 (E.D. Tex. Sept. 29, 2009) (Haptic browsing; transferred from E.D.Tex. and settled) (*)
• Landmark Graphics Corp. v. Seismic Micro Tech., Inc., [and Paradigm Geophysical] 2007 U.S. Dist. LEXIS 6897 (Jan 31, S.D. Tex. 2007); 470 F.Supp. 2d 760 (S.D. Tex. 2007)(computer graphics/modeling for oil exploration) (*)
• Infineon Technologies AG v. Green Power Technologies Ltd., 2005 U.S. Dist. LEXIS 11877 (D. DC. 2005) (power reduction; order requiring U.S. discovery in parallel proceeding in Germany)(*)
• Measurement Computing Corp. v. General Patent Corp. Int’l., 2004 U.S. Dist. LEXIS 2082 (D. Mass. Feb. 10, 2004) (case dismissed for lack of personal jurisdiction)(*)
• Brown v. 3M and Proctor & Gamble, 60 U.S.P.Q.2d 1298 (D. Ariz. 2000) (Y2K remediation; argued and won summary judgment, invalidity)
• Gentex Corp. v. Donnelly Corp., 69 F.3d 527, 36 U.S.P.Q.2d 1667 (Fed. Cir. 1995) (electrochromic mirrors)
• National Research Development Corp. v. Varian Associates, Inc., 822 F. Supp. 1121 (D. N.J. 1993), aff’d in part 17 F.3d 1444 (Fed. Cir. 1994) (Nuclear Magnetic Resonance; won invalidity at trial, affirmed on appeal)
• Gardner v. Ford Motor Co., 17 U.S.P.Q.2d 1177 (W.D. Wash. 1990) (exhaust gas recirculation; won after trial, invalidity)
• Polaroid v. Kodak 17 U.S.P.Q.2d 1711 (D. Mass. 1991) (8-month damages trial; won just under one billion dollars)
Other Matters – Unreported Decisions:
Qnergy (Stirling engines)
TerraSpark v. Paradigm (software)
LGRT v. An. Del. (software)
Tumi v. Gucci (design patent)
Coleman v. Fujitsu (plasma chemical vapor deposition “CVD”)
BTG v. Fujitsu (semiconductors, cell phone filters and other technology)
Datascope, Maquet Cardiovascular v. Teleflex, Arrow (intra-aortic balloon catheters)
Mizuho Orthopedic Systems v. Maquet Cardiovascular (femur support for hip replacement surgery)
Afa Polytek v. Clorox Company, Guala Dispensing (dispensing systems)
Leighton Technologies v. On Track Innovations (RFID, smart cards)
Smarter Agent v. Mobile Card Cast, Goomzee, StreetEasy, Terrostar (mobile real estate applications)
Remote Light v. Galikers and United Dairy (UV water disinfectant)
Like.com v. Superfish (imaging software)
WRE v. Telmap (GPS software)
Nautilus Neurosciences v. Edict Pharmaceuticals (ANDA litigation)
CardioFocus v. New Star, Trimedyne, Convergent (holmium medical lasers)
Berger v. New York International Enterprises (trademark)
PSB Investissement v. O2 (trademark)
Memory Control Enterprises v. OfficeMax (e-commerce software)
Cutex v. Laboratories Delon (trademark)
Smarttrac v. OTI (RFID cards)
Immersion v. Simbionix (surgical simulators)
Olympus v. Given (optics, software, database software, endoscopic imaging capsules)
Landmark/Halliburton v. Paradigm (oil exploration software)
Intelsat v. Ford (satellite spin stabilization)
Ortho v. Coulter (monoclonal antibodies and optical flow cytometers)
Donnelly v. Gentex (liquid crystal mirrors and lighted rearview mirrors)
Medtronics v. Pacesetter/Siemens (heart pacemakers)
Ciba v. Wesley Jessen (contact lenses)
Soot v. GE (nuclear power plant cooling racks)
Gillette v. Wafer Shave (razors)
Compaq (various patent and antitrust matters)
Pitney Bowes v. Postitalia (mailing machines)
Datapoint v. PictureTel (teleconferencing)
INC v. Horphag (trademark and pharmaceutical patent)
IPD v. TCI (cable television)
Phonometrics v. Northern Telecom (telephone call recording registers)
M3 v. Bard (biopsy needles and antitrust)
ISC v. STI and Conductus (super-cooled cellular telephone filters)
W. L. Gore (interference related to vein grafts, and litigation related to treated clothing)
Procter & Gamble v. Paragon (disposable diapers)
Tanashin Denki v. Thomson (audio tape decks)
GretagMacbeth v. X-Rite (spectrophotometers)
International Pharmaceutical Co. (COX-2 inhibitors)
Purdue v. Boehringer Ingelheim (Oxycontin litigation)
InterAct v. Catalina Marketing (computerized coupon dispensers)
Yamaha v. Bombadrier (jet skis)
Bynum v. MTA (employment discrimination)
Interactive Gift Express v. CNET et al. (network based music distribution)
IGT v. Bally’s (video poker games)
Chubb Group of Insurance Companies:
Siwel v. Buttonwood (failed computer system)
Dotmedia v. Oven (failed computer system)
Timberline (failed computer system)
Confidential clients (computer controlled milling machines, shaped CD’s, consumer product, cell-id for cellular telephones, gambling machines, LCD filters, cellular telephone with camera, satellite communications opinion letter, compressed video telecommunications uplinks)
Confidential Japanese client (battery charging systems)

Professional technical experience related to the scope of competence of the PMAC

Experienced patent litigator in the United States, with over 35 years of experience, a mediator and arbitrator with the American Arbitration Association who conducted several arbitrations and mediations related to intellectual property and associated contract claims and tort claims, both as a neutral and as a party representative.

Technical expertise spanning SEP (Standard Essential Patents), medical device technologies, software and computer vision systems, alongside experience in automotive engineering and consumer product innovations.

Memberships and/or accreditations

the American Arbitration Association, arbitrator and mediator
ICDR, arbitrator and mediator
Adjunct Professor of patent law at the Elisabeth Haub School of Law, Pace University, New York
Member of the New York bar

Practical experience of conducting mediation or conciliation or judicial settlement conferences or out-of-court dispute settlements in disputes related to the scope of competence of the PMAC

Experienced patent litigator in the United States, with over 35 years of experience, a mediator and arbitrator with the American Arbitration Association who has conducted several arbitrations and mediations related to intellectual property and associated contract and tort claims, both as a neutral and as a party representative. Participated in several private mediations with other organizations and in judicial settlement conferences.