Andrew Crain is the Managing Partner of Thomas|Horstemeyer, LLP, and leads the firm’s intellectual property litigation practice, which was recently recognized by Best Lawyers as one of the top Intellectual Property Litigation practices in Georgia.
Andrew represents clients in litigations involving all types of intellectual property (IP) issues, including patents, trademarks, copyrights, trade secrets, and unfair competition. Andrew’s practice involves both the assertion of clients’ IP rights against accused infringers and the defense of clients accused of infringing the IP rights of others. Over his 25-year-plus career, Andrew has appeared in federal district courts throughout the U.S. and has represented clients at the appellate court level, including the Court of Appeals for the Federal Circuit, Eleventh Circuit, and the U.S. Supreme Court.
Andrew has also been appointed to serve as a Special Master in a patent infringement litigation in the Northern District of Georgia. Andrew’s special master appointment included presiding over and issuing R&Rs for claim construction and summary judgment.
Andrew is also a registered patent attorney at the U.S. Patent & Trademark Office. His patent prosecution experience includes a wide range of electrical, electromechanical, and mechanical technologies. Additionally, Andrew represents several clients with substantial trademark portfolios and manages the prosecution of clients’ trademarks both in the United States and abroad.
Representative matters
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ATX Networks (Toronto) Corp., v. Technetix, Inc., Civ. Action No. 1:24-cv-01391-SKC-KAS.
Asserting patent infringement claims related to a patented chokeless power coupler and method used to pass RF and AC signals in CATV network.
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Willo Prods. Co., LLC v. Habersham Metal Prods. Co., Civ. Action No. 2:23-cv-139-RWS (N.D. Ga.).
Defended Habersham against Plaintiff’s claims of patent infringement. Asserting counterclaims for non-infringement and invalidity of asserted patent.
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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.
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Thursday Pools, LLC v. Discount Fiberglass Pools, LLC d/b/a. Tallman Pools., Civ. Action No. 1:21-cv-143-TWT (N.D. Ga.).
Defended patent infringement claims for two asserted U.S. Patents related to fiberglass swimming pools.
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CM Systems, LLC v. TransAct Technologies, Inc., Civ. Action No. 3:22-cv-00624-JCH (D. Conn.).
Asserted patent infringement claims for three U.S. Patents related to food management safety systems for compliance with safety regulations across multiple food service establishments.
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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.
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Rivera. v. Parker, Civ. Action No. 1:20-cv-3210-SCJ (N.D. Ga.).
Represented defendants against claims of trademark infringement regarding ownership of mark DINGY DENTS for auto dent repair services.
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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.
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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).
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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.
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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).
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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.
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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.
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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.
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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.
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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.
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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.
professional activities
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The Honorable Clarence Cooper American Inn of Court, affiliated with Emory University School of Law, Master
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American Bar Association (ABA)
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The Honorable Charles Pannell, JR. IP Inn of Court, Master
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Commercial and Business Litigation Committee of ABA Litigation Section
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State Bar of Georgia: Intellectual Property (IP) Law Section