David Lowe is a registered patent attorney and founding member of LOWE GRAHAM JONES PLLC. David has experience in all aspects of intellectual property law, both in the United States and in foreign countries. His current practice includes patent, trademark, and copyright procurement, with an emphasis on intellectual property litigation and related client counseling. David has extensive experience in dispute resolution, including mediation, arbitration and litigation. His technical background is in computer science and software engineering, and his patent practice includes the preparation and prosecution of computer software, electronic, business process, and mechanical applications. He received a Computer Science degree in 1991 from Brigham Young University and a law degree (with honors) in 1994 from the University of Washington. While in law school, he was the Associate Editor in Chief for the Washington Law Review and a national Moot Court competitor. He has authored a variety of articles on intellectual property topics and is a contributing author to the WSBA Civil Procedure Deskbook and the Washington Lawyers Practice Manual. David is a frequent CLE speaker on intellectual property topics. David has served as chairperson of the Computer Technology Committee of the Young Lawyers Division of the King County Bar Association and as substitute professor at Seattle University School of Law, where he has taught Patent Litigation and Patent Prosecution.

Practice Areas

Patents, Trademarks, Copyrights and Related Litigation

Education

• J.D., University of Washington, with Honors (1994)
• B.S. Computer Science, Brigham Young University (1991)

Admitted

• United States Supreme Court
• All Washington State Courts
• U.S. District Courts: Western and Eastern Districts of Washington
• U.S. Court of Appeals, Federal Circuit
• U.S. Court of Appeals, Ninth Circuit
• U.S. Patent and Trademark Office
• Various admissions pro hac vice

Activities & Affiliations

• Current Affiliations:
  Washington State Bar Association
  Who’s Who Legal USA: Trademarks 2006
• Collegiate Activities:
  Associate Editor-in-Chief, Washington Law Review
  Regional Mock Trial Champion
  National Mock Trial Competitor
• Community Involvement:
  Chairperson, Computer Technology Committee
  Young Lawyers Division of King County Bar Association 1998-2000
  Missionary, The Church of Jesus Christ of Latter-day Saints
  Various religious activities, congregational leader, group president, instructor, membership and financial clerk, athletic coach
  Eagle Scout

Publications & Presentations

Journal Articles and Other Publications

• David A. Lowe, Trademark Protection and Related Internet Issues, Washington Lawyers Practice Manual (2000-2005)
  
• David A. Lowe, Summary Judgment Supplement to the Washington Civil Procedure Deskbook (2002-2005)
• Bruce E. O’Connor & David A. Lowe, Comparative Analysis of Intellectual Property Dispute-Resolution Processes in the PRC, Taiwan, and the United States, Wiley Intellectual Property Law Update (1997)
• David A. Lowe, A Square Peg in a Round Hole: The Proper Substantial Similarity Test for Nonliteral Aspects of Computer Programs, 68 Wash Law Review 351 (1993)

Presentations

• David A. Lowe, Patent Law for Non Patent Attorneys, Washington CLE (2004, 2005)
• David A. Lowe, Pre & Early Stage Patent Litigation, Washington CLE (2005)
• David A. Lowe, International Protection of U.S. Patents, Trademarks and Copyrights, Washington CLE (2003)
• David A. Lowe & Lawrence D. Graham, Intellectual Property in Cyberspace, Washington CLE (1998)
• David A. Lowe, Washington Lawyers Practice Manual Plus, Young Lawyers Division Computer Technology Committee CLE (1997, 1998)

Teaching

• Substitute Professor, Seattle University School of Law, 2000-2001, 2006
Patent litigation and prosecution courses

Representative Litigation

• Levitation Arts, Inc. v. Fascinations Toys & Gifts, Inc. et al., W.D. Tex. (2008-10)
  Represent Fascinations in patent infringement litigation, successfully settled.
• Plant 21 LLC v. Cascade Greenhouse et al., W.D. Wash. (2007-08)
  Represent Plant 21 in plant patent infringement litigation.
• Proven Winners North America LLC v. Cascade Greenhouse et al., King County Superior Court (2007-08)
  Represent Proven Winners in breach of contract litigation.
• Media Partners Corporation v. Radley Automobiles Incorporated et al., E.D. Va. (2007)
  Represented Media Partners in copyright infringement litigation. Favorably settled case for client.
• Earthwise Technologies, Inc. v. Suarez Corporation Industries, W.D. Wash. (2007-09)
  Represent Suarez in trademark infringement and declaratory judgment trade secret misappropriation litigation. Achieved prelimininary injunctive relief and favorably settled case.
• Morehead Associates, Inc. v. Intuitive Manufacturing Systems, Inc., W.D. Wash. (2007)
  Represented Intuitive Manufacturing Systems, Inc. and parent Consona Corporation. Successfully settled case after mediation.
• Fascinations Toys & Gifts, Inc. v. Plant Cell Technology, Inc., W.D. Wash. (2007)
  Represented Fascinations in declaratory judgment patent infringement litigation. Successfully settled case after instigating Rule 11 procedure.
• Varsity Gold, Inc. v. Durham et al., Maricopa County, Arizona Superior Court (2007)
  Represented Varsity Gold in breach of contract and interference litigation involving noncompete covenants. Lead counsel in two week jury trial. Case settled.
• Instant Autobody Leasing Corp. v. Have Gun Will Travel, Inc. et al., King County, Washington Superior Court (2006)
  Represented Instant Autobody in breach of contract litigation involving noncompete covenants. Lead counsel in contested default hearing. Successfully obtained permanent injunction, damages and attorney’s fees.
• Varsity Gold, Inc. v. Eric Bigham et al., W.D. Wash. (2006)
  Represented Varsity Gold in breach of contract and interference litigation. Successfully settled case after mediation.
• Stratagem Partnering, Inc. v. Onyx Software Corporation, W.D. Wash. (2006)
  Represented Onyx in breach of contract litigation. Successfully settled case after mediation.
• RxSales Prescriptions Sales Associates, LLC v. Blue Frog Mobile, Inc. et al., W.D. Wash. (2006)
  Represented RxSales in trademark infringement litigation. Successfully obtained preliminary injunction.
• DocuSign, Inc. v. Yozons, Inc., W.D. Wash. (2006)
  Represent DocuSign in document management patent infringement litigation. Case settled favorably with a significant license for client.
• Varsity Gold, Inc. v. Elite Fundraising LLC et al., W.D. Wash. (2006)
  Represent Varsity Gold in unfair competition, CPA and interference litigation. Successfully obtained preliminary injunction against Elite Fundraising.
• C&A Pro, LLC v. Slydog of South Dakota, Inc. et al., D.N.D. (2005)
  Represented Slydog in snowmobile ski patent infringement litigation.
• Desert Extrusion Corp. v. K2, Inc. and Shakespeare, D. Ariz. (2005)
  Represented K2 and Shakespeare against charges of patent infringement of method for trimmer line packaging. Successfully obtained summary judgment of noninfringement.
  
• Cartter Evans Productions, Inc. v. Vendetta Red, King County Superior Court (2004)
  Represented Vendetta Red in musical publishing agreement dispute. Case settled.
• AMF Farms, Inc. v. Washington Lettuce et al., W.D. Wash. (2003)
  Represent AMF Farms in trade dress and copyright infringement litigation.
• Starr Map Company, LLC v. Town Graphics, King County Superior Court (2002)
  Represented Town Graphics in trademark infringement litigation. Lead counsel in trial. Won exclusive right to mark in client’s geographic area.
• Weyerhaeuser Company v. Valley Electric Co. of Mt. Vernon, W.D. Wash. (2000)
  Represented Valley Electric in design mark trademark infringement litigation. Case settled.
• Hockerson-Halberstadt, Inc. v. Costco Wholesale Company, E.D. Louisiana (1998-2000)
  Represented Costco in dismissing case for lack of personal jurisdiction as reported at Hockerson-Halberstadt, Inc. v. Costco, 2000 U.S. Dist. LEXIS 5064 (E.D. La. 2000).
• Ross v. Sonax Furniture Mfg., D. Mass. (1998)
  Represented Sonax and Time Warner, Inc. in successfully moving for summary judgment of noninfringement of both utility and design patents. Summary judgment upheld by Federal Circuit as reported at Ross v. Sonax Furniture Mfg., 1999 U.S. App. LEXIS 29871 (Fed. Cir. 1999).
• Make-A-Wish Foundation of America, Inc. v. Wishing Well Foundation, S.D. Ind. (1998)
  Represented Make-A-Wish Foundation in trademark infringement case involving defendants’ wrongful use of the famous MAKE A WISH trademark. Negotiated settlement including alteration of Defendants’ solicitation.
• SolutionsIQ, Inc. v. Connx, Inc., W.D. Wash. (1998)
  Represented SolutionsIQ in trademark infringement, false designation of origin, dilution and unjust enrichment. Negotiated settlement that included transfer of connx.com domain name to SolutionsIQ.
• Integralis, Inc. v. Trend Micro Incorporated, W.D. Wash. (1997)
  Represented Integralis in declaratory judgment action for patent invalidity and noninfringement. Successfully negotiated a cross-license of technology and patent rights to settlement the case before trial.
• Ergometrics v. Seattle Post-Intelligencer, King County Superior Court. (1996)
  Represented Ergometrics in defamation case against one of the leading northwest regional newspapers. Successfully summary judgment defense lead to settlement on terms favorable to Ergometrics, including the printing of a retraction by the Seattle Post-Intelligencer.
  
  

Representative Patents Secured

Utility Patents

• System for discrete parallel processing of queries and updates, U.S. Patent No. 6,983,322
  A data driven discrete parallel processing computing system for searches with a key-ordered list of data objects distributed over a plurality of servers.
• Method for using agents to create a computer index corresponding to the contents of networked computers, U.S. Patent No. 6,976,053
  A search engine utilizes a bottom-up approach to index the content of a network with agent programs running on each host computer instead of relying on a top-down approach as used by conventional search engines.
• Reconfigurable modular play and exercise structure for animals, U.S. Patent No. 6,966,277
  A reconfigurable modular play structure for animals including a base, a plurality of cylindrical support members, and one or more platforms to support an animal.
• System and method for managing transferable records, U.S. Patent No. 6,944,648
  A system, method, and computer programmed product for generating and transferring electronic documents.
• System and method for kinematic consistency processing, U.S. Patent No. 6,922,618
  A system, method, and computer program product for analyzing flight test and FDR data that overcomes technical difficulties associated with traditional flight data analysis methods.
• System and method for transmitting voice input from a remote location over a wireless data channel, U.S. Patent No. 6,885,735
  A system and method for improving voice recognition processing at a server system that receives voice input from a remotely located user system. The server system includes a communication component configured to receive the sent front-end processed user voice input, and a processor configured to complete voice recognition processing of the sent front-end processed user voice input.
• Modular steel concrete reinforcement system, U.S. Patent No. 6,870,119
  A method of welding reinforcement steel bars (rebar) and assembly of fusion-welded rebar into panel assemblies that are self-stabilizing to withstand the rigors of transport to and positioning within construction sites.
• Multi-port optical node, U.S. Patent No. 6,782,206
  A multi-port optical node configured to send and receive optical and radio frequency data signals over a data distribution network.
• Semen detection system and method, U.S. Patent No. 6,764,856
  The present invention is directed to a system and method for detecting the presence of semen on material.
• Peer-to-peer automated anonymous asynchronous file sharing, U.S. Patent No. 6,675,205
  A service on a computer network which performs centralized searches based on index information transmitted by peer systems to a central site using an agent program running on each peer and then directs the peer systems to each other for the purpose of retrieving files.
• System and method for reducing the amount of repetitive data sent by a server to a client for vehicle navigation, U.S. Patent No. 6,671,617
  A system and method for reducing the amount of repetitive data sent by a server to a client for vehicle navigation.
• Distributed system for communication networks in multi-user applications, U.S. Patent No. 5,841,980
  A distributed system that offers multi-user applications nationwide interaction among participants within the present bandwidth limitations of existing network backbones to allow for true national participation in multi-user applications across a large-scale network.
• Pedestrian crosswalk switch, U.S. Patent No. 5,767,465
  A pedestrian crosswalk switch for registering force applied to a crosswalk button. The design provides an efficient and low-cost design, meeting existing guidelines for crosswalk switch functionality, while reducing disadvantages inherent in existing pedestrian crosswalk switches.
• Method of yarding logs by introducing slack into a mono-cable system, U.S. Patent No. 5,673,625
  A method and apparatus for yarding logs by introducing slack is provided for use with a mono-cable system having a continuous loop of cable strung through a logging area along a path that the harvested timber is conveyed.
• Integrated chassis slide assembly, U.S. Patent No. 5,626,406
  A slide assembly for integration with a chassis and coupling to a mounting rack in a manner that allows for easy extension and retraction of the chassis along the assembly slides.
• Method and apparatus for data alteration by manipulation of representational graphs, U.S. Patent No. 5,619,631 A method and apparatus for altering data by manipulation of representational dynamic graphs, wherein the computer user is able to manipulate the graph shape directly, which modifies the graph and alters the corresponding and underlying tabularized data, as well as any associated numeric representations of the data presented to the user.
• Method and apparatus for power outage determination using distribution system information, U.S. Patent No. 5,568,399
  A method and apparatus for determining the probable location of a fault causing a power outage in a power distribution system, including a power distribution grid comprising a power source connected to a plurality of terminal nodes by grid branches, and corresponding protective devices, whose operation minimizes the deleterious effects of power outages.
• Tally punch machine, U.S. Patent No. 5,444,750
  Apparatus for counting and selectively voiding tickets. The apparatus may be set to continuously count any tickets placed in the input bin or set to stop after counting a predetermined number of tickets.

Design Patents

• Combined play and exercise structure for animals, U.S. Patent No. D473,020
• Space configuration design tool, U.S. Patent No. D463,988
• CATV housing with heat sink fins, U.S. Patent No. D458,228
• Asymmetric mirror, U.S. Patent No. D405,963

 

• LGJ Attorneys selected for 2011 Washington Super Lawyers listing
• BLG attorneys selected for 2010 Washington Super Lawyers listing
• BLG obtains preliminary injunction against trademark and domain name infringement