Andrew specializes in intellectual property litigation, representing clients in matters involving intricate technical issues and high financial stakes. He has a diverse record of success, from securing a nine-figure jury verdict for a startup company to protecting hundreds of millions of dollars in revenues for market-leading clients. He has experience in all phases of litigation, including motion practice, fact and expert discovery, depositions, inter partes review proceedings, Markman hearings, case strategy development and the preparation of witnesses and arguments for trial. His professional and technical expertise helps him understand his clients’ technologies as well as their business and legal needs.
Before becoming an attorney, Andrew worked at NASA as a project engineer for the Air Technology Development Team and was a lead engineer for developing a high-pressure oxygen generation assembly. At NASA, he also proposed conceptual designs for and made contributions to liquid sorbent carbon dioxide removal technology. Andrew’s technical knowledge as well as his experience and comfort with complex technologies has proved invaluable in his intellectual property practice.
Representative Matters
Touchstream Technologies Inc. v. Google – Andrew was part of the team that filed this patent infringement action in the Western District of Texas and obtained a jury verdict of $339 million in damages against Google for three patents.
No Spill v. Scepter Canada and Scepter Mfg. – After Shook was hired midway through the litigation, Andrew was part of the team that represented the defendant Scepter entities in a jury trial involving two patents related to flame mitigation devices. The jury returned a favorable verdict of non-infringement of all claims asserted against the defendant Scepter entities following a seven day trial.
CliniComp v. Cerner – Andrew was part of Shook’s team representing Cerner in this patent infringement matter in the Southern District of California involving a patent directed to electronic medical records. After the plaintiff’s broadest patent claims were invalidated in an IPR proceeding handled by Shook, the district court granted summary judgement in Cerner’s favor on the plaintiff’s remaining claims, finding that Cerner was entitled to judgment of no infringement in light of disclaimers by the plaintiff during the IPR.
FacetoFace Biometrics, Inc. – In this patent infringement case involving smartphone technologies filed in the Eastern District of Missouri, Andrew was a part of the team that represented one of the world’s leading technology companies. Andrew and his team won an early dispositive motion finding all asserted claims unpatentable under 35 U.S.C. § 101 for claiming an abstract idea.
Ragan v. Berkshire Hathaway Automotive, Inc. – In this copyright infringement matter, Andrew was part of the team that obtained judgment on the pleadings in favor of Shook’s client Berkshire Hathaway Automotive, with the court finding that the plaintiff’s work was not entitled to copyright protection.
Decapolis Systems v. Cerner – Andrew was part of the team that secured dismissal of the action filed in the Western District of Texas after moving to dismiss for improper venue and demonstrating that Cerner’s activities in the district were insufficient to establish venue.
Publications
U.S. Supreme Court Limits Federal Court’s Jurisdiction Over Confirming and Vacating Arbitration Awards, Institute for Energy Law Oil & Gas E-Report, June 2022.
The Court of Appeals for the Fifth Circuit Elaborates on the “Look Through” Jurisdictional Analysis for Federal Arbitration Act Petitions and Holds the Phrase “Arising Out Of” Is Broad in the Context of Arbitration Clauses, Institute for Energy Law Oil & Gas E-Report, September 2021.
Media
UHLC alumni at Shook law firm win asylum case for mother fleeing gender-based violence, University of Houston Law Center, August 7, 2023.