Nathan A. Evans

Nathan is a registered patent attorney who focuses on intellectual property (IP)—including patents, trademarks, copyrights, and trade secrets. He helps companies in a variety of industries protect and monetize their IP rights.

Nathan counsels clients in virtually all IP-related topics, including litigation, patent preparation and prosecution, opinions, enforcement strategies, and licensing. He has worked on matters before state and federal district courts, the U.S. Patent & Trademark Office (including the Patent Trial and Appeal Board (PTAB)), the U.S. International Trade Commission, and the Court of Appeals for the Federal Circuit.

Nathan has a proven track record of success prosecuting patent applications before the USPTO, as well as defending and challenging patents at the PTAB and in federal district courts. He specializes in prosecution and litigation of medical devices, life sciences solutions, biotechnology, and computer-implemented inventions, including augmented reality, and artificial intelligence and machine learning. He also has participated in matters involving electrical and mechanical engineering, computer software applications, networking solutions, cellular phone technology, multilayer plastic films, paper products, clothing articles, pultruded and extruded structural articles, and optical discs (CDs).

In addition to his law practice, Nathan frequently writes and speaks about IP topics and has held leadership positions at the Virginia Bar Association, including as Chair of the IP Section, and at the American Bar Association, co-chairing committees related to India’s patent laws and U.S. patent system policy planning. Virginia Business magazine has named Nathan as a "Legal Elite" for the past five years.

• Counsel for defense in federal district court and on appeal to the Federal Circuit Court of Appeals in dispute involving intellectual property agreements. Motion to Dismiss successful and affirmed on appeal. Van Dyke v. Wake Forest University Health Sciences (Court of Appeals for the Federal Circuit, February 2023).
• Acted as lead counsel and successfully orally argued for Petitioner having multi-billion-dollar valuation in USPTO post-grant review relating to cybersecurity/data privacy software technology. Institution granted and challenged patent claims invalidated (USPTO Patent Trial & Appeal Board).
• Lead counsel for plaintiff in federal patent litigation case. Case settled favorably. MP Acquisition, LLC d/b/a MOPEC v. Landmark Technology A, LLC, 2:21-cv-10309-AJT-KGA (Eastern District of Michigan 2021).
• Lead counsel for plaintiff in federal patent litigation case. Case settled favorably. Beauty Industry Group Opco, LLC v. Landmark Technology A, LLC, 2:20-cv-00590-JCB (District of Utah November 2020).
• Lead counsel for plaintiff in litigation relating to e-commerce platform. Case settled favorably. Fink’s Jewelers, Inc. v. Landmark Technology A, LLC, 7:20-cv-00336-EKD (W.D. Va. July 2020).
• Lead counsel for plaintiff in litigation relating to e-commerce platform. Case settled favorably. Salem Tools, Inc. v. Landmark Technology A, LLC, 7:19-cv-00738-EKD (W.D. Va. Dec. 2019).
• Lead counsel for defendants in litigation relating to shoe technology. Successfully mediated. Rothy’s, Inc. v. JKM Technologies, LLC et al., 3:18CV00067 (W.D. Va. 2018).
• Lead counsel for plaintiff in litigation relating to e-commerce platform. Case settled favorably. Moore & Giles, Inc. v. Landmark Technology, LLC, 6:18-cv-00052-NKM (W.D. Va. 2018).
• Lead counsel for plaintiff in litigation relating to trademark dispute. Successfully mediated. Virginia Industrial Plastics, Inc. v. Cabinet Saver LLC (W.D. Va. 2018).
• Lead counsel for plaintiff in litigation relating to medical device technology. Case settled favorably. Human Design Medical, LLC v. My Health, Inc., 1:16-cv-00767 (D. Del. 2016).
• Successfully argued patent claim construction issues in favorable Markman ruling (W.D. Va. 2015).
• Successfully helped defend lucrative electrical engineering patent and license in significant jury trial victory (S.D.N.Y. 2013).
• In re Rosuvastatin Calcium Patent Litigation (D. Del.). Helped successfully obtain determination of infringement, validity, and enforceability of an Orange Book listed patent for AstraZeneca over the drug product Crestor^®.
• Eli Lilly & Co. v. Zenith Goldline Pharms., Inc. (S.D. Ind., Fed. Cir.). Helped successfully obtain determination of infringement, validity, and enforceability of an Orange Book listed patent for Eli Lilly over the drug product Zyprexa^®.
• Active in other successful Abbreviated New Drug Application (ANDA) patent infringement litigations defending challenges to pharmaceutical patents, including patents on Eli Lilly and Company’s Evista^® pharmaceutical.

Recognition

Education

Emory University School of Law, J.D.

University of Virginia, B.A.

Admissions

Virginia

District of Columbia

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, Fourth Circuit

U.S Patent and Trademark Office

• CvilleBioHub, Corporate Secretary
• Virginia Bar Association, Intellectual Property Council, Immediate Past President (2022-2023), President (2019-2021), Secretary (2018), Treasurer (2017)
• Charlottesville Business Innovation Council
• Charlottesville Chamber of Commerce, Ambassador (2016-2019)
• Charlottesville Mayor’s Advisory Council on Innovation and Technology (2017)

• “Turn Ideas Into Valuable Intellectual Property Assets,” Lynchburg Business, October 2016
• “Patenting Computer Software Applications: The New Wild West,” CBIC Blog, March 2015