Andrew Crain is a member of the firm’s litigation and prosecution practice groups. Andrew’s practice experience involves all areas of intellectual property law, including patents, trademarks, trade secrets, copyrights, and unfair competition.
Andrew represents clients in litigations involving all types of intellectual property issues, having appeared in district courts throughout the United States and having represented clients at the appellate court level, particularly the United States Court of Appeals for the Federal Circuit. Also, with the enactment of the American Invents Act, Andrew has become highly involved in the newly created post grant review process at the USPTO, having specifically been involved in 18 inter partes review or covered business method proceedings before the Patent Trial and Appeal Board both as Petitioner and Patent Owner.
Andrew’s patent prosecution experience includes a wide range of electrical, electromechanical, and mechanical technologies. Andrew also periodically renders legal opinions concerning the infringement, validity, and enforceability of patents and opinions regarding product clearances and trademark searches and clearances.
Representative matters
-
Willo Prods. Co., LLC v. Habersham Metal Prods. Co., Civ. Action No. 2:23-cv-139-RWS (N.D. Ga.).
Defending Habersham against Plaintiff’s claims of patent infringement. Asserting counterclaims for non-infringement and invalidity of asserted patent.
-
IEP Technologies, LLC. v. KPM Analytics, Inc., et al., Civ. Action No. 1:21-cv-10417-RWZ (D. Mass.).
Defending KPM in claims of trademark infringement. Asserting counterclaims for cancellation of asserted trademark due to fraudulent procurement and non-use.
-
Thursday Pools, LLC v. Discount Fiberglass Pools, LLC d/b/a. Tallman Pools., Civ. Action No. 1:21-cv-143-TWT (N.D. Ga.).
Defending patent infringement claims for two asserted U.S. Patents related to fiberglass swimming pools.
-
CM Systems, LLC v. TransAct Technologies, Inc., Civ. Action No. 3:22-cv-00624-JCH (D. Conn.).
Asserting patent infringement claims for three U.S. Patents related to food management safety systems for compliance with safety regulations across multiple food service establishments.
-
Acceleron, LLC v. Dell, Inc., Civ. Action No. 1:12-cv-4123-TCB (N.D. Ga.).
Obtained jury verdict and judgment of patent infringement against Dell on Sept. 20, 2021 ($2.1M award + interest) on patented invention on modular computer servers for data centers. Prevailed (twice) at Federal Circuit: Dell, Inc. v. Acceleron, LLC, 818 F.3d 1293 (Fed. Cir. 2016). Dell, Inc. v. Acceleron, LLC, 888 F.3d 1364 (Fed. Cir. 2018). Prevailed in two Inter Partes Review proceedings before the Patent Trial and Appeal Board of the U.S. Patent & Trademark Office: IPR2013-00440 & IPR2013-00443.
-
Rivera. v. Parker, Civ. Action No. 1:20-cv-3210-SCJ (N.D. Ga.).
Representing defendants against claims of trademark infringement regarding ownership of mark DINGY DENTS for auto dent repair services.
-
Aersale, Inc. v. JetAire Aerospace, LLC et al., American Arbitration Association, Case No. 01-18-0001-8305.
Successfully defended claims of false advertising and defamation.
-
John Bean Tech., Inc. v. Morris & Associates, Inc., Civ. Action No. 2:15-cv-2211-PKH (W.D. Ark.).
Successfully defended claims of false patent marking and false advertising under § 43(a) of Lanham Act. Obtained summary judgment against John Bean Tech. Affirmed by Federal Circuit - John Bean Tech., Inc. v. Morris & Associates, Inc., 828 Fed. Appx. 707 (Fed. Cir. 2020).
-
WTS Paradigm, LLC v. EdgeAQ, LLC, Patent Trial and Appeal Board, CBM2015-00054 & CBM2015-00055
Represented Patent Owner against claims of unpatentability under 35 U.S.C. § 101.
-
John Bean Tech., Inc. v. Morris & Associates, Inc., Civ. Action No. 4:14-cv-368-BRW (E.D. Ark.).
Successfully defended claims of patent infringement asserted against industrial poultry chillers. Obtained summary judgment against John Bean Tech. Affirmed by Federal Circuit - John Bean Tech., Inc. v. Morris & Associates, Inc., 988 F.3d 1334 (Fed. Cir. 2021).
-
Crest Audio, Inc. v. QSC Audio, Inc., Civ. Action No. 3:12-cv-755-CWR (N.D. Miss.).
Prevailed in claim construction proceedings in assertion of patent infringement against QSC Audio, Inc. on two patents on DSP-driven powered loudspeakers. Stipulation of dismissal shortly after favorable claim construction ruling. Prevailed in two Inter Partes Review proceedings before the Patent Trial and Appeal Board of the U.S. Patent & Trademark Office: IPR2014-00129 & IPR2014-00131.
-
Acceleron, LLC v. Hitachi Data Systems., Civ. Action No. 1:12-cv-2996-TCB (N.D. Ga.).
Assertion of patented invention on modular computer server for data center applications.
-
Royal Oak Enterprises, LLC v. Nature’s Grilling Products, LLC, Civ. Action No. 1:10-cv-2494-JEC (N.D. Ga.).
Enforcement of trademark infringement and unfair competition claims for registered trademark NATURE-GLO for charcoal, wood chips, grill wood, and fire-starting fiberboard.
-
Morris & Associates, Inc. v. Cooling & Applied Technologies, Inc., Civ. Action No. 5:09-23-BR (E.D.N.C.).
Obtained preliminary and permanent injunction against Cooling & Applied Tech. for patent infringement on patented poultry finishing chiller invention.
-
Zaxby’s Franchising, Inc. v. Mai Qui Tran d/b/a Egg Roll Express, LLC, Civ. Action No. 1:08-cv.134-JRH (S.D. Ga.).
Assertion of Zaxby’s trade dress in restaurant exterior against Augusta, GA based restaurant.
-
Smallwood, Reynolds, Stewart, Stewart & Associates, Inc. v. Preston Partnership, LLC, Civ. Action No. 1:05-cv.1728-ODE (N.D. Ga.).
Assertion of registered copyrights in architectural works and technical drawings related to 19 high rise mixed-use buildings across U.S.