Andrew is an associate in the Firm's Boston office, practicing in the Intellectual Property Litigation and Intellectual Property Groups. With extensive experience in virtually all aspects of intellectual property litigation, Andrew successfully represents the best interests of clients in intellectual property matters throughout the federal and state court systems concerning patents, design patents, trademarks, trade dress, false advertising, product disparagement, trade secrets, copyrights and related issues. Representing clients in state and federal courts, as well as before the U.S. Patent and Trademark Office, Andrew's specialized experience in highly complex intellectual property matters is a valuable asset to clients seeking to maintain their competitive advantage.
Andrew works closely with clients to carefully navigate the constantly evolving intellectual property law landscape, including recent changes in the law relating to design patent infringement, willful patent infringement and the attorney-client privilege, as well as emerging issues concerning the Anti-Cybersquatting Act, Hatch-Waxman Act, the Digital Millennium Copyright Act, and many other evolving aspects of intellectual property law that clients must face in order to successfully compete in today's volatile market. This extensive and expansive breadth of experience combined with his skills both in and out of the courtroom have garnered long-lasting relationships with clients built upon a solid foundation of success.
With the goal of ensuring the best resolution for clients, Andrew focuses on the broader goals of clients that requires extensive strategic planning and skilled advocating outside the courtroom or the scope of a single case. Andrew negotiates various intellectual property license agreements, corporate mergers, and intellectual property asset management projects for a broad array of companies, ranging from entrepreneurs and pharmaceutical laboratories to Blue Chip multi-national corporations. Andrew's extensive experience in the pharmaceutical, medical device, retail and video gaming industries have produced consistent and successful implementation of each individual client's specific goals and interests in these highly sophisticated industries.
Notable Experience
· Addressing novel issues concerning violations of the Digital Millennium Copyright Act and the scope of copyright and trade dress protections for online video game computer software and server code, Andrew succeeded in securing a judgment awarding the Firm's clients a permanent injunction against an infringing software designer, impoundment and destruction of all infringing materials, and statutory damages plus attorneys' fees and costs for violation of the Copyright Act, Lanham Act and Digital Millennium Copyright Act. Evony, LLC v. Holland, No. 11-cv-00064 (W.D. Pa. 2011).
· Defending clients against claims of design patent and trade dress infringement of office supply designs, Andrew succeeded in having the entire case dismissed on summary judgment in favor of the Firm's clients and drafted the winning appellate brief that led to the U.S. Court of Appeals for the Federal Circuit affirming the victory for the Firm's clients. Competitive Edge, Inc. v. Staples, Inc. No. 08-cv-00956, 2010 U.S. Dist. LEXIS 29678 (N.D. Ill. 2010), aff'd per curiam No. 2010-1340 (Fed. Cir. 2011).
· Navigating multi-faceted aspects of intellectual property law, Andrew assisted clients asserting patent, trademark, copyright and unfair competition claims in the U.S. District Court for the Eastern District of Tennessee and facilitated an advantageous resolution without the need for trial. HTC Sweden AB v. Innovatech Products & Equipment Co., No. 07-cv-00232 (E.D. Tenn. 2010).
· Defending against claims of patent infringement, Andrew succeeded in having the asserted patent found invalid and unenforceable on summary judgment, resulting in all claims against the Firm's clients being dismissed. Dbest Products, Inc. v. Staples, Inc., No. 07-cv-04895 (C.D. Cal. 2009).
· Andrew was a member of the litigation team that successfully protected the valuable patent of a pharmaceutical company from allegations of invalidity by multiple ANDA-filing manufacturers under the Hatch-Waxman Act and drafted the winning brief resulting in an award of attorneys' fees for the Firm's client. Takeda Chemical Industries, Ltd. v. Mylan Laboratories, Inc., 2007 U.S. Dist. LEXIS 19614 (S.D.N.Y. Mar. 21, 2007), aff'd 549 F.3d 1381 (Fed. Cir. 2008).
· Enforcing the valuable trademark and trade dress rights of the Firm's client associated with medical devices, Andrew successfully defeated defendants' motion to dismiss the case in the U.S. District Court for the Eastern District of Pennsylvania, resulting in a favorable settlement. Liko AB v. Rise Lifts, Inc., 625 F. Supp. 2d 250 (E.D. Pa. 2008).
· In a complex "rocket docket" patent suit, Andrew represented a multi-national corporation in the U.S. District Court for the Eastern District of Texas in a patent infringement litigation involving 29 patents and over 200 products, resulting in a favorable resolution of the case. Xerox Corp. v. Sharp Corp., Case No. 02-06CV-187 (E.D. Tex. 2007).
Recent Speaking Engagements and Publications
· "Expert Witnesses: Attorney-Client Privilege and Work-Product Protection," speaker, Strafford Publications Webinar, June 2, 2011.
· "Expertly Navigating Federal Expert Disclosure Rules," co-author, Law360, April 29, 2011.
· Andrew was awarded the honor of being included in the New England Rising Stars listing, a Thomson Reuters publication, in 2010.
· Andrew recently lectured at the Firm's annual Intellectual Property Seminar to attorneys, agents and officers of international companies regarding attorney-client privilege issues in the context of patent prosecution and infringement.
· "Size Matters in 'Recklessness'", co-author, IP Law & Business, January 2008.
· "After Seagate: The New Legal Standard for Willfulness", co-author, IP Law360, October 5, 2007.
· "In re Seagate Technology: Federal Circuit Overrules Prior Willful Infringement Precedent and Procts the Attorney-Client Privilege with Trial Counsel," Edwards Angell Palmer & Dodge LLP Client Advisory, August 22, 2007.
· "Waiving the Attorney-Client Privilege," Edwards Angell Palmer & Dodge LLP Intellectual Property Bulletin, Fall/Winter 2006.
News & Publications
October 7, 2010, EAPD Attorneys Selected For Inclusion in Super Lawyers 2010
October 5, 2007, After Seagate: The New Legal Standard for Willfulness IP Law 360
August 22, 2007, Client Advisory - In re Seagate Technology: Federal Circuit Overrules Prior Willful Infringement Precedent and Protects the Attorney-Client Privilege with Trial Counsel Edwards Angell Palmer & Dodge LLP
December 21, 2006, Intellectual Property Bulletin - Fall/Winter 2006 Edwards Angell Palmer & Dodge LLP
September 20, 2006, Attorney's Fees Granted in Takeda Pharmaceutical's Patent Case on ACTOS® Edwards Angell Palmer & Dodge LLP
Before Edwards Wildman
Prior to joining the Firm, Andrew worked for former District Attorney Martha Coakley at the Middlesex County District Attorney's office, Superior Court Division. Andrew also clerked for the Honorable Bonnie Leadbetter in the Pennsylvania Commonwealth Court of Appeals. While in law school, Andrew was selected to become a member of the Villanova Moot Court Board where he was then elected to the Executive Board and was awarded the honor of being the Villanova Moot Court Competition Administrator. Representing Villanova School of Law, Andrew traveled across the country arguing various issues before dozens of state and federal judges regarding complex issues concerning the Patriot Act, same sex marriage, patent and trademark infringement, the right of publicity, First Amendment commercial speech, and interstate commerce. Arguing in a wide array of national moot court competitions, Andrew won numerous individual and team oral advocacy awards, including the Reimel Moot Court Outstanding Oral Advocate Award.
Events
June 2, 2011, Expert Witnesses: Attorney-Client Privilege and Work-Product Protection
Memberships
· Boston Bar Association
· American Bar Association
· Boston Patent Law Association