ANDREW (ANDY) M. OLLIS, a patent attorney, is a partner in the firm's Litigation, Industrial Designs, Chemical, Electrical, and Mechanical Patent Prosecution groups. Mr. Ollis actively counsels clients in all aspects of patent law including litigation, infringement and validity opinions, clearance reviews, licensing, patent prosecution, and design patents. He has experience in all phases of patent litigation in district courts and the U.S. Court of Appeals for the Federal Circuit.
With a background in materials science, Mr. Ollis litigates and counsels clients with respect to a wide range of technologies including glass, thin-film coatings, adhesives, packaging and design, food, semiconductors, electronic devices, and various chemical and mechanical arts.
Mr. Ollis represents foreign and domestic clients of all sizes, prosecuting and litigating claims based on their business goals. He always seeks the broadest protection for his clients' innovations and strategizes to improve their market position and limit infringement risks.
Professional Affiliations
American Bar Association, Section of Intellectual Property Law
Virginia Bar Association
Experience
Representative Matters
Successfully represented Asahi Glass Company, Ltd., a Japanese glass manufacturer, and its subsidiary AFG Industries, Inc., a U.S. glass manufacturer, claiming patent infringement by Cardinal IG Co. of Asahi and AFG's jointly owned patent relating to thin-film, low-emissivity coatings typically used in double-pane windows. After a four-day trial, the Federal District Court Judge granted judgment to Asahi and AFG on the issue of infringement. Thereafter, the jury returned a verdict of more than $25.1 million to which the court awarded prejudgment interest of more than $18.5 million, for a total of more than $43.7 million in damages. AFG and Asahi Glass v. Cardinal IG, No. 2:96-cv-244 (E.D. Tenn. 2005).
Successfully represented Toshiba at trial, obtaining a holding that competitor Loral Fairchild's early Charge-Coupled Device (CCD) patent was invalid and not infringed. Loral Fairchild, Corp. v. Matsushita Elec. Indus. Co., Ltd., No. 91-5056, (S.D.N.Y. 2001)
Successfully represented Optrex America, Inc. in obtaining a settlement with Honeywell concerning patents related to liquid crystal display (LCD) backlights. Optrex America, Inc. v. Honeywell Int'l, Inc., No. 04-1536 (D. Del. 2004-2008).
Successfully represented Mimaki USA, Inc. in obtaining a settlement with Whetstone Electronics concerning patents asserted against wide-format printers. Whetstone Electronics, LLC v. Epson America, Inc., No. 6:08-cv-317 (E.D. Tex. 2008-2010).
Prosecutes patents and counsels McCormick & Company, Incorporated, the world's largest spice and seasonings maker, on a broad range of issues, including preparing opinions and clearance reviews.
Successfully revived a series of abandoned patent applications for a major consumer electronics manufacturer in 2009-2010.
Resources
News
Factoring Out of Functional Elements Proper in Design Patent Infringement Analysis
Wednesday, March 10, 2010
Federal Circuit Urges Caution in Construing Design Patents
Friday, February 26, 2010
Oblon, Spivak Wins Patent Infringement Case; Jury Awards $43.7 Million in Damages
Wednesday, August 3, 2005
Oblon, Spivak to Argue Three CAFC Cases In One Week
Thursday, June 26, 2003
AFG Industries, Inc. and Asahi Glass Company, Ltd. Obtain Favorable Decision From Federal Circuit
Thursday, February 1, 2001
Publications
Design Patent Damages
Wednesday, May 26, 2010
Blog
Nestlé continues Trend of Recent Consumer Products Design Patent Complaints
Tuesday, January 31, 2012
Continuing a pattern of design patent infringement suits involving consumer products filed in recent months, Nestlé Healthcare Nutrition, Inc. "(Nestlé) and Gerber Products Company ("Gerber") sued Mead Johnson & Company, LLC ("Mead Johnson") in the United States District Court for the District of...
Predator Outdoor Products, LLC v. Oakley, Inc.
Friday, March 25, 2011
On March 21, 2011, Predator Outdoor Products, LLC ("Predator") filed suit against Oakley, Inc. ("Oakley") in the U.S. District Court for the Eastern District of Pennsylvania. Predator's Complaint seeks a declaratory judgment that Predator does not infringe any valid claim of U.S. patent no. 5,387,949 ("the '949 patent") or U.S. D523,461...
In re Certain Wind and Solar-Powered Light Posts and Street Lamps - ITC
Thursday, October 21, 2010
As reported by Oblon Spivak's ITC Blog, the ITC has instituted an investigation in...
Johanna Foods, Inc. v. Coca-Cola - D.N.J.
Thursday, October 21, 2010
In response to efforts by Coca-Cola to enforce its design patents, Johanna Foods, Inc. filed a declaratory judgment complaint on September 21 in the U.S. District Court for the District of New Jersey against Coca-Cola, d/b/a Simply Orange Juice Company. According to the complaint, in December 2009, Coca-Cola sent Johanna a letter asserting...
Factoring Out of Functional Elements Proper in Design Patent Infringement Analysis
Wednesday, March 03, 2010
The U.S. Court of Appeals for the Federal Circuit issued their second significant design patent opinion in the past two weeks. In the most recent decision, the Court affirmed a finding of no-infringement of a design patent after a district court had first construed the claim by factoring out the functional...
Federal Circuit Urges Caution in Construing Design Patents
Friday, February 26, 2010
In a decision issued February 24, 2010 (Case No. 2008-1596), a panel of the Federal Circuit reversed a finding by the International Trade Commission that a design patent owned by Crocs, Inc. was not infringed by various respondents. In explaining its reasoning, the Court warned against reliance on detailed verbal descriptions of the claimed...