Andrew Lowes is a member of Haynes and Boone's Intellectual Property Practice Group. He specializes in intellectual property law, including providing guidance to clients in a variety of technical fields with particular emphasis in medical devices, computer software and hardware, telecommunications, semiconductor devices, and mechanical equipment, as well as trademark, copyrights and other intellectual property. Andrew represents several medical device companies and other high technology industries in both patent procurement and intellectual property management. He is also involved in domestic and foreign patent enforcement litigations.
Andrew's technology law experience includes:
- Developing intellectual property portfolios for both start-up and later stage technology companies, including establishing and formulating patent procurement strategies, obtaining domestic and foreign patents, and negotiating and securing technology licenses and acquisition agreements.
- Counseling regarding new and existing products and patent infringement issues, including patent validity, and the design and implementation of non-infringing alternatives to patented technology.
- Drafting original United States patent applications directed to software, Internet, electronics, telecommunications, mechanical and medical technologies.
- Assisting in the litigation of several patent cases including, Markman hearings and trials, preparing reexamination requests, and working on interference proceedings before the U.S. Board of Patent Appeals and Interferences.
Prior to attending law school, Andrew was a consultant in the nuclear power industry. In addition to his law degree, Andrew holds a B.S. in electrical engineering.
Speeches and Publications
- "IP Due Diligence in M&A Transactions," live webinar/teleconference presented by Strafford Publications, Inc., January 25, 2011.
- "IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water," co-author, Tarrant County Bar Association Bulletin, October, 2010.
- "IP Due Diligence in the M&A Context," State Bar of Texas 23rd Annual Advanced Intellectual Property Law Course, Austin, TX, March 4-5, 2010.
- "Before the Music Starts - Pre-NDA Due Diligence Steps," co-author with Jerry Fellows, AIPLA Webinar, July 1, 2009.
- "Maximizing Intellectual Property Value for Your Business and Clients," Moderator, Tarrant County Bar Association IP Symposium, Fort Worth, Texas, February 2009.
- "Before the Music Starts - Pre-NDA Due Diligence Steps," AIPLA 2008 Annual Meeting, Washington, D.C., October 2008.
- "Practicing the Dance - Confidentiality Provisions in the M&A Context," AIPLA 2008 Annual Meeting, Washington, D.C., October 2008.
- "Intellectual Property Due Diligence: Preserving Privilege and Avoiding Ethical Pitfalls," 2007 Ethical Principles for Corporate Counsel CLE, The Four Seasons Hotel.
- "The Business Aspects of Intellectual Property," Conference Planning Committee and Panelist, Richardson Technology Series, December 2006.
- "How Can Nanotechnology Industry and Academia Work Together More Effectively?," The Institute for Innovation and Entrepreneurship at the University of Texas at Dallas, October 2006.
- "Off on a Tangent: Using Festo's Second Criterion to Rebut the Presumption of Surrender," Journal of the Patent and Trademark Office Society, (online) July 2006, pp. 579-602.
- "Off on a Tangent: Using Festo's Second Criterion to Rebut the Presumption of Surrender," 43rd Annual Conference on Intellectual Property Law, Center for American and International Law, November 2005.
Selected Representative Experience
Alcon Acquisition of LenSx
Counseled client Alcon, Inc., a major medical device/pharmaceutical company in the eye care space, on IP due diligence matters for their acquisition of LenSx. Alcon purchased LenSx for $361 million plus maximum contingent payments of $382 million.
09/16/2011 - Practice Tips Under the Patent Reform Rules
The long anticipated America Invents Act
(the “Act”) was signed into law today. However, given that certain provisions of the Act are now in effect while others do not come online until March 16, 2013, innovating companies and individuals should consider the impact and timing of those provisions on their overall patent strategy.
10/01/2010 - IP Domain: Marking Your Product - Drinking Cup Company's Defense Holds Water
Solo Cup, a maker of plastic drinking cups, emerged intact after being sued for damages of approximately $10.8 trillion - with a “t” - for marking its cup lids with expired patent numbers.
11/20/2008 - Fall 2008 Haynes and Boone IP Beacon Newsletter
Intellectual Property articles and news from the Haynes and Boone IP lawyers.
11/17/2008 - Practicing the Dance: Confidentiality Provisions in the M&A Context
AIPLA Presentation on CDA's by J. Andrew Lowes
11/17/2008 - Before The Music Starts – Pre-NDA Due Diligence Steps
Many organizations become very excited about the prospect of knowing more about a potential business partner. Such excitement can lead to hastily signed non-disclosure agreements imposing significant burdens. Similar to the due diligence many people perform prior to a first date, sophisticated organizations can analyze publicly available information before committing time and money to a relationship that may only cause heartache.