Neil A. Rubin

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Neil A. Rubin — Patent Litigation Practice Summary

Focus areas. Mr. Rubin is a partner in the intellectual property and litigation departments at Russ August & Kabat in Los Angeles, where his firm bio describes a practice centered on patent, trade secret, and other IP litigation for clients in computer security, networking, electronics, software, and financial industries. His tracked docket is consistent with that description and skews heavily toward wireless/standards-based technology: Wi-Fi and cellular SEP matters (the Wilus Institute campaigns against Samsung and HP; the Core Wireless/Nokia cellular portfolio cases), smartphone camera optics (Corephotonics v. Apple), semiconductor and memory technology (Redstone Logics against NXP, MediaTek, Qualcomm, Apple, and AMD; TS-Optics v. Microsoft), virtualization and data-migration software (VirtaMove against IBM, Oracle, and Google), and hard-drive/optical-storage patents (Resonant Systems, TS-Optics). His physics background (see below) is reflected in the technical subject matter.

Side preference — both sides, with a patent-owner emphasis. The tracked appearances split 18 plaintiff / 15 defendant, and the defendant-side entries are often not operating-company defense work at all: several are declaratory-judgment or IPR challenges in which he represented the patent owner (e.g., VirtaMove as defendant in Google v. VirtaMove and Red Hat v. VirtaMove; Resonant Systems as defendant in Apple v. Resonant Systems; Wilus as "defendant" in the Unified Patents and Samsung IPRs). Genuine operating-company defense roles appear as well (e.g., Cerence in General Motors v. Cerence), but the dominant pattern is enforcement and defense of patents for licensing/monetization-oriented clients and patent owners.

Firm context. Twenty-one-plus of his tracked appearances are at Russ August & Kabat, where he has been a partner and is a registered practitioner before the USPTO. The docket also shows isolated appearances at Rakoczy Molino Mazzochi Siwik (back-up counsel on a Unified Patents IPR against Wilus) and a small firm designated "Fountain" (lead counsel in SanDisk v. IPValue), suggesting some mobility or co-counsel arrangements; I could not verify the details of those arrangements from reliable public sources. His firm bio states he practiced elsewhere before joining RAK, but I was unable to confirm the specific prior employer from sourced material.

Notable matters and outcomes. The most prominent documented results are the Core Wireless/Conversant cellular-standards cases: a September 2016 E.D. Tex. jury verdict of willful infringement against LG ($2.28M past damages plus a running royalty through 2028, later followed by a 2019 damages retrial awarding ~$3.5M plus ~$699K enhanced damages, ~$4.2M total), and a December 2016 N.D. Cal. verdict against Apple awarding $7.3M on two Nokia-origin patents. He is currently part of the Wilus team asserting 802.11 Wi-Fi SEPs against Samsung and HP in the Eastern District of Texas, an active campaign involving Daubert/expert-striking motions, RAND/FRAND issues, and parallel IPR disputes. He also litigated the Corephotonics v. Apple smartphone-lens disputes through IPR2018-01133, including a Director-review request following Federal Circuit remand.

PTAB/IPR experience. This is a substantial part of his practice. He appears repeatedly before the PTAB as lead or back-up counsel for patent owners (Reg. No. 67,030) — including the Wilus IPR portfolio (11+ Samsung petitions, discretionary-denial briefing, and requests for Director Review), Resonant Systems in IPR2024-00697, Corephotonics, and the VirtaMove IPRs against Amazon and Microsoft — and has appeared on the petitioner side at least once (Unified Patents v. Wilus).

Bar and education. Admitted to the California bar in 2007 (SBN 250761) and registered with the USPTO (Reg. No. 67,030). Super Lawyers reports a 2006 J.D. from Stanford Law School; his RAK bio states he also holds physics degrees from Stanford, Cambridge (as a Churchill Scholar), and Case Western Reserve, and did doctoral research in solid-state physics at Stanford.

Note: the education, bar, and practice-description details above come from the firm's website and a Super Lawyers profile; case outcomes are drawn from firm announcements and court records, and the firm-history details for the non-RAK appearances could not be independently confirmed.