Joshua Stowell

Representative Matters

• CardiAQ Valve Technologies v. Neovasc (D. Mass 2016)  Tried trade secret misappropriation case relating to medical device technology, resulting in $70M jury verdict.  Plaintiff designed transcatheter mitral valve replacement device that was first ever to be placed in humans. Plaintiff hired Defendant to help assemble prototypes under an NDA. Defendant's lead engineer began designing a directly competing device while working on Plaintiff's prototypes, but decided not to tell Plaintiff as their relationship continued for six more months, during which Plaintiff shared numerous confidential designs.
• Resh v. Hetzner (C.D. Cal., Fed. Cir. 2015) Invalidated patent on summary judgment for defendant by demonstrating that the claimed features of pool products were obvious in light of the prior art.  Argued successfully to obtain affirmance on appeal.
• JS Products v. Kabo Tool (D. Nev., Fed. Cir. 2015) Invalidated patent on summary judgment for DJ plaintiff by demonstrating that micron level dimensional differences in accused tools retailed at Lowe’s were also inherently present in prior art.  Successfully obtained affirmance on appeal.
• Superior Court for the State of California v. ISD Corp., AAA arbitration (2014).  Represented software vendor at trial and defeated claim brought by the state courts of California that they could terminate client’s supply of case management software.  Also successfully recovered attorneys’ fees for the client.
• Cook Inc. v. Endologix, Inc. (S.D. Ind. 2013) Represented defendant in a patent infringement lawsuit involving stent grafts for treating abdominal aortic aneurysms.  The case resulted in a settlement.
• Rugged Liner, Inc. v. CYC Eng’g, Inc., 2:10-cv-12203 (E.D. Mich. 2010).  Represented defendant against qui tam false patent marking action.  Successfully obtained dismissal of the suit.
• Toshiba Corp. v. Wistron Corp., SACV 10-00074 (C.D. Cal. 2010).  Represented Toshiba in a patent infringement lawsuit involving patents related to laptop technologies.  The case resulted in a settlement.
• Swimways Corp. v. Bravo Sports, 1:08cv1116 (E.D. Va. 2008).  Represented defendant chair maker in a patent infringement lawsuit involving collapsible canopy chair technology.  The case resulted in a settlement.
• The Laryngeal Mask Co. Ltd. v. Ambu A/S, 07-CV-1988 (S.D. Cal. 2007).  Represented medical-device maker and patent owner in a patent infringement lawsuit involving laryngeal mask devices. 618 F.3d 1367 (Fed. Cir. 2010).  On appeal, obtained reversal of noninfringement and invalidity for lack of written description.
• Applied Medical Resources Corp. v. United States Surgical Corp., 448 F.3d 1324, reh’g en banc denied, (Fed. Cir. 2006).  Represented medical-device maker and patent owner in a patent infringement lawsuit involving trocar technology.  The case resulted in a jury verdict of patent validity and noninfringement.
• Tsugita v. Zadno-Azizi, Patent Interference No. 105,517 (BPAI 2006).  Represented senior party in a patent interference proceeding involving stent and stent deployment technology.  The interference resulted in a settlement.

Articles

• “The Answer and Other Responsive Filings,” Chapter 6 in Patent Litigation Strategies Handbook Cumulative Supplement (3ed. BNA Books 2011-2014), co-author.
• “The Answer and Other Responsive Filings,” Chapter 6 in Patent Litigation Strategies Handbook (3ed. BNA 2010), co-author.
• “Do You Feel Like I Do? – Advocating Patent Cases With Emotion,” American Intellectual Property Law Association (Spring Meeting 2010), co-author.
• “The Answer and Other Responsive Filings,” Chapter 5 in Patent Litigation Strategies Handbook Cumulative Supplement (2ed. BNA Books 2007-2009), co-author.
• “Changing Legal Landscape for Patent Trolls,” IEEE-USA Today’s Engineer (October 2008), co-author.
• "The Supreme Court Takes on Patent Law," Side Bar, Federal Litigation Section of the Federal Bar Association (Summer 2007), co-author.
• "A Supreme End to Patent Trolls?"Orange County Lawyer, The Orange County Bar Association (August 2007), co-author.
• Willful Infringement and the Evidentiary Value of Opinion Letters after Knorr-Bremse v. Dana, 2005 Duke L. & Tech. Rev. 0005 (2005).