Patent litigation attorney

Kenneth Weatherwax

3 tracked appearances 0 plaintiff · 3 defendant.

Specialty & background

Kenneth Weatherwax is a nationally recognized patent litigator and a founding and co-Managing Partner of Lowenstein & Weatherwax LLP. He specializes in sophisticated patent litigation across all phases, from pre-filing through appeal, with a significant focus on post-grant proceedings before the Patent Trial and Appeal Board (PTAB). The firm, under his leadership, has been recognized for its strong performance in inter partes review (IPR) proceedings, particularly in representing patent owners.

Weatherwax primarily defends operating companies, as indicated by his 3 tracked defendant-side appearances in patent litigation cases and his firm's focus on "patent owner-side IPR defense". His work often involves challenging patents asserted by non-practicing entities (NPEs) or patent assertion entities (PAEs) through IPRs. The technology areas he handles are broad, encompassing semiconductors, computer hardware and software, telecommunications, digital video, electronic commerce, medical devices, and biotechnology. His background as a Princeton-trained mechanical engineer provides a strong technical foundation for his practice.

Notable cases in his portfolio include the defense of Radian Memory Systems LLC in actions brought by Unified Patents, LLC, and Unified Patents PTAB Data v. Security First Innovations LLC, where he served as Lead Counsel and Counsel, respectively. The Radian Memory Systems cases involved patents related to NAND flash memory management and solid-state drives. While details of settlements are often private, the Radian Memory Systems v. Samsung case, where Weatherwax's firm was involved (though specific counsel role not detailed in provided case list, firm's expertise in this area is clear), resulted in a dismissal without prejudice, preserving the patent owner's rights to refile. His firm also notably represented Tessera in a semiconductor packaging case that settled for $80 million and future royalties.

Weatherwax is highly active in PTAB and IPR proceedings, a core aspect of his practice and a key area of recognition for Lowenstein & Weatherwax LLP. His firm has litigated over 350 IPR and CBM cases and nearly 60 Federal Circuit appeals, and he has been recognized by Docket Navigator as a "top attorney in the PTAB". He received his Juris Doctor degree from the University of California-Davis Martin Luther King, Jr. School of Law, where he was awarded the Order of the Coif, and is admitted to the State Bar of California.

Firms

Roles

  • Lead Counsel2
  • Counsel1

Cases (3)