Andrew Lowes

Practices

Industries

Education and Clerkships

J.D., Indiana University School of Law - Bloomington, 1994, cum laude; Managing Editor, Federal Communications Law Journal

B.S., Electrical Engineering, University of Alabama, 1991

Admissions

Indiana

Texas

U.S. Patent and Trademark Office

Profile

Andrew Lowes, co-chair of Haynes and Boone’s Intellectual Property Transaction and Patent Trials Practice, focuses on intellectual property law across a variety of technical fields with a particular emphasis in medical devices, computer software and hardware, telecommunications, semiconductor devices, and mechanical equipment. He is heavily involved in post-grant proceedings before the USPTO, including ex parte reexamination and inter partes review proceedings brought by the firm on behalf of its clients. A number of these proceedings are related to concurrent litigation, and Andrew’s experience in this arena is invaluable in developing defensive strategies in litigation.

In addition, Andrew represents several medical device companies and other high technology industries in strategic guidance on product clearance and intellectual property transactions, as well as patent procurement and intellectual property management.

Prior to attending law school, Andrew was a consultant in the nuclear power industry.

Patent Trials

Firms Claim Bragging Rights in New Field of Patent Litigation

Firms Claim Bragging Rights in New Field of Patent Litigation

Haynes and Boone has persuaded the PTAB to institute inter partes review in 72 cases—the most for any law firm according to an analysis of Lex Machina’s new PTAB database. Haynes has been turned away without a trial only three times. Even in light of the PTAB’s willingness to launch IPR proceedings, Haynes and Boone’s 96 percent success rate is exceptionally high...

Selected Client Representations

  • Extensive involvement in patent office trials including counsel on at least a dozen inter partes review proceedings.
  • Developing intellectual property portfolios for 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.
  • Advising on numerous M&A transactions ranging in size from a few million to more than a billion dollars in transaction value.
  • Assisting in the litigation of several patent cases including, Markman hearings and trials, along with concurrent patent office trials.

Selected Publications and Speeches

  • “Hot Issues in PTAB Trials: PTAB Procedural Developments and Impact of Ongoing Reform,” Moderator, 53rd Annual Conference on Intellectual Property Law, November 16, 2015.
  • “Hot Issues in PTAB Trials: Coordination with District Court Litigation,” Moderator, 53rd Annual Conference on Intellectual Property Law, November 16, 2015.
  • "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.

Professional and Community Activities

  • Texas Bar Association
  • American Intellectual Property Law Association, Special Committee on Mergers and Acquisitions
  • American Bar Association
  • Indiana State Bar Association
  • Intellectual Property Owners Associations, U.S. Post-Grant Patent Office Practice Committee

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