Prior Experience

Counsel, Latham & Watkins LLP, 2015-2016

Associate, Latham & Watkins LLP, 2006-2014

Representative Matters

The following is a list of selected, representative cases Andrew has handled:

Patent

• Intellectual Ventures v. Symantec/Veritas (D. Del.): Represented Symantec (and later Veritas after spin-off) against plaintiff Intellectual Ventures as lead counsel in a three patent case relating to storage replication and monitoring software. Argued claim construction, prevailing on the key issues that disposed of the majority of the plaintiff’s case. Dispositive claim construction was subsequently upheld by the Federal Circuit in March 2018.
• Radware v. A10 Networks (N.D. Cal): Represented A10 against Radware in a three patent case relating to network routing and load balancing. Argued claim construction and summary judgment, obtaining summary judgment of non-infringement.
• In the matter of Certain Computing or Graphics Systems (ITC): Represented NVIDIA against complainant Advanced Silicon Technologies in an International Trade Commission investigation relating to four graphics processing patents.
• Praxair v. Mallinckrodt (PTAB): Represented Mallinckrodt in an inter partes review of five Mallinckrodt patents relating to nitric oxide delivery systems. The Board confirmed the validity of all claims of all five Mallinckrodt patents.
• Jericho Systems v. Axiomatics (N.D. Tex.): Represented Axiomatics against Jericho Systems in a case involving access control software. Obtained early-stage judgment that the asserted patent claimed ineligible subject matter under 35 U.S.C. § 101 and dismissal of the action, which was later affirmed by the Federal Circuit.
• Dynamic 3D Geosolutions LLC v. Schlumberger Ltd. (W.D. Tex.): Represented Schlumberger against an Acacia subsidiary in a patent case relating to 3D mapping software for oil drilling. Obtained an order dismissing the case and disqualifying Acacia in-house counsel and outside counsel, which was later affirmed by the Federal Circuit.
• In the matter of Certain Wireless Devices with 3G Capabilities (ITC): Represented InterDigital against respondents Nokia, Huawei, and ZTE in an International Trade Commission investigation relating to accused 3G wireless products.
• InNova v. 3Com Corp. et al. (E.D. Tex.): Represented Symantec in a thirty-six defendant patent case against plaintiff InNova relating to email processing. Argued a portion of the claim construction hearing for all defendants, prevailing on the key claim construction issue.
• WI-LAN, Inc. v. Acer et al. (E.D. Tex.): Represented Broadcom against plaintiff Wi-LAN in large multi-defendant patent case involving 802.11, Bluetooth, and DSL communication technologies.
• InvestPic LLC v. Algorithmics et al. (D. Del.): Represented Oracle against plaintiff InvestPic in a patent case relating to financial analysis software.
• Diagnostic Systems Corp. v. Symantec / Diagnostic Systems Corp. v. Oracle (C.D. Cal.): Represented Oracle and Symantec against Acacia subsidiary Diagnostic Systems Corp. in a patent case relating to expert systems software.
• Uniloc v. Symantec Corp. (E.D. Tex.): Represented Symantec against Uniloc in a series of patent cases relating to anti-piracy technology. In the first of these cases involving a patent Uniloc previously successfully asserted against Microsoft, obtained an order striking Uniloc’s infringement contentions, effectively terminating the case.
• Alfred B. Levine v. TeleNav, Inc. (E.D. Tex.): Represented TeleNav, Inc. against inventor Alfred B. Levine in a patent case allegedly relating to mobile navigation software.
• Parallel Networks, LLC v. A10 Networks, Inc. (D. Del.): Represented A10 Networks as lead counsel against plaintiff Parallel Networks in a patent case relating to network devices.
• Massively Parallel Instruments, Inc. v. Waters Corp. (N.D. Cal.): Represented Waters Corp. against plaintiff Massively Parallel Instrument in a patent case relating to ion coating and implantation technology.

Trademark/False Advertising

• S.C. Johnson v. Buzz Off Insect Shield (M.D.N.C.): Defended Buzz Off Insect Shield against S.C. Johnson’s claims of trademark infringement and false advertising in a “bet-the-company” case. Obtained summary judgment on plaintiff’s trademark infringement claims before trial. After a five week trial, the jury found in favor of Buzz Off on all false advertising claims and awarded only a small sum on trademark infringement.
• Daniel R. Castro v. EMI (W.D. Tex.): Represented Entrepreneur Media to defend its trademarks against a declaratory judgment action filed by an individual in response to a cease and desist letter. Obtained a dismissal of the majority of the plaintiff’s DJ claims after which the case was settled.
• Tharos Laboratories v. Sepracor (D. Utah): Defended Sepracor against Tharos’s claims that Sepracor’s advertising relating to the drug Lunesta infringed Tharos trademarks.
• Sindharella, Inc. v. Vu (N.D. Cal.): Represented Sinhdarella, Inc, which runs a chain of successful restaurants using the trademark “The Boiling Crab,” against an infringing restaurant chain. Obtained a preliminary injunction against infringer, leading to a substantial monetary settlement.
• Palladium Books v. Trion Worlds (E.D. Mich.) / Trion Worlds v. Palladium Books (N.D. Cal.): Defended Trion Worlds against trademark infringement claims by Palladium Books relating to Trion’s popular online game “Rift: Planes of Telara.” Obtained order dismissing Palladium’s case in Michigan for lack of personal jurisdiction and subsequently settled declaratory judgment action filed by Trion in California.

Trade Secret

• InfoSpan v. Emirates NBD (C.D. Cal.): Represented Emirates NBD against InfoSpan’s claim of misappropriation of trade secrets relating to banking software. After a two week trial, the jury found in favor of Emirates, defeating InfoSpan’s $600M+ damages claim.
• Schlumberger, Ltd. v. Charlotte Rutherford (127th District Court, Harris County, Tex.): Brought a complaint against former Deputy General Counsel of Intellectual Property of Schlumberger for breach of contract and misappropriation of trade secrets after she left the company, took a position at Acacia, and was involved in deciding to bring a patent suit against Schlumberger.

Copyright

• Symantec Corp. v. Johns Creek Software, Inc. and Stephen Cheatham (N.D. Cal.): Represented Symantec in a case involving copyright infringement claims for distribution of pirated Symantec software.
• Josh Agle v. Adobe Systems, Inc. (C.D. Cal.): Represented Adobe against artist Josh Agle relating to claims of copyright infringement.