Andrew F. Pratt

Partner
Pratt Andrew

Andrew Pratt focuses his practice on intellectual property litigation and counseling, with a concentration on high-stakes patent, trademark, trade dress, and trade secret actions before the U.S. International Trade Commission (ITC) and U.S. federal courts. Andrew has participated in dozens of such actions and numerous trials in the ITC and district courts.

He represents clients in matters involving diverse technologies, including:

  • Semiconductor circuits, fabrication processes, and package technologies
  • Image compression
  • Cellphone baseband processor technology
  • Automotive systems
  • Chemical compounds and dietary supplements
  • Water filtration systems
  • Optical filters
  • Lasers
  • Firearms
  • Orthopedic implants

Experience

Representative Matters

Significant ITC Matters

  • Represented complainant FCA US LLC (formerly Fiat Chrysler) in an investigation involving assertion of trade dress rights in vehicles. Certain Motor Vehicles and Components Thereof, Investigation No. 337-TA-1132 (ITC)
  • Represented complainant Electrolux in investigation into widespread infringement of Electrolux's water filter patents. ITC issued a general exclusion order against all such products from any source. Certain Water Filters and Components Thereof, Investigation No. 337-TA-1126 (ITC)
  • Represented Nordic Naturals and Nordic Pharma in ITC action alleging false advertising and violations of Food Drug & Cosmetic Act. Successfully prevented institution of investigation, with the decision affirmed on appeal, and a petition to the U.S. Supreme Court denied. Certain Synthetically Produced, Predominantly EPA Omega-3 Products in Ethyl Ester or Re-esterified Triglyceride Form, Investigation No. 337-TA-3247 (ITC, CAFC, Supreme Court)
  • Represented Verizon Wireless in defense against a patent infringement action by Data Scape Ltd regarding assertion of patents directed to synching and storing data. Certain Data Transmission Devices, Components Thereof, Associated Software, and Products Containing the Same, Investigation No. 337-TA-1150 (ITC)
  • Represented respondent Lumens Integration, Inc. in investigation regarding camera technology. Certain Document Cameras and Software for Use Therewith, Investigation No. 337-TA-1045 (ITC)
  • Represented complainant Aker BioMarine in an investigation into assertion of patents concerning krill oil and krill meal production. Case settled favorably. Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products No. 337-TA-1019 (ITC)
  • Represent Excel Dryer, Inc. in investigation asserting unregistered trade dress for hand dryers. Obtained a general exclusion order barring infringing goods from any source. Certain Hand Dryers and Components Thereof. 337-TA-1015 (ITC)
  • Represented complainant CTC Global in investigation into assertion of patents concerning electrical cable technology. Certain Electrical Conductor Composite Cores and Components Thereof, Investigation No. 337-TA-995 (ITC)
  • Represented complainant Varidesk LLP in numerous investigations involving assertions of patents for office furniture. Certain Height Adjustable Desk Platforms, Investigation No. 337-TA-970, 992, 1054 , 1125 (ITC)
  • Represented respondent AliphCom d/b/a/ Jawbone in an investigation into allegations of patent infringement. Certain Wearable Activity Tracking Devices, Systems and Components Thereof, Investigation No. 337-TA-973 (ITC)
  • Represented complainant AliphCom d/b/a Jawbone in an action involving trade secret misappropriation and patent infringement assertions. Certain Fitness Activity Tracking Devices, Systems, and Components Thereof, Investigation No. 337-TA-963 (ITC)
  • Represented FCA respondents (formerly Fiat Chrysler) in an investigation into patents directed to variable valve actuation devices. Complainant withdrew complaint on the eve of trial. Certain Variable Valve Actuation Devices and Automobiles Containing the Same, Investigation No. 337-TA-954 (ITC)
  • Represented respondents Abercrombie & Fitch Co. and Roberto Cavalli S.p.A. against allegations of patent infringement. Case settled favorably for the client. Certain Laser Abraded Denim Garments, Investigation No. 337-TA-930 (ITC)
  • Represented five respondents against complainant in defense of asserted patent directed to reusable filters. Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same, Investigation No. 337-TA-929 (ITC)
  • Represented respondents ASUSTeK Computer, Inc. and ASUS Computer International in an investigation concerning semiconductor chipsets. Certain Integrated Circuits and Products Containing the Same, Investigation No. 337-TA-920 (ITC)
  • Represented respondent Apple, Inc. against complainants HTC Corp. and HTC Americas Corp.; terminated for lack of standing, before trial, five patents that HTC had obtained from a third party. Certain Electronic Devices with Communication Capabilities, Components Thereof, and Related Software, Investigation No. 337-TA-808 (ITC)
  • Represented respondents Oki Data and Oki Americas in a case brought by complainant Ricoh entities in an investigation into alleged infringement of five patents directed to multifunction printers; determination of no economic domestic industry for all five asserted patents; resulted in landmark ITC opinion regarding economic prong. Certain Printing and Imaging Devices, Investigation No. 337-TA-690 (ITC)
  • Obtained denial of a temporary exclusion order based substantially on cross-examination of economic expert witness that revealed lack of irreparable harm. Certain Muzzle-Loading Firearms and Components Thereof, Investigation No. 337-TA-777 (ITC)
  • Represented Chinese respondents in an investigation into allegations of trade secret misappropriation and design patent infringement. Certain Paper Shredders, Certain Processes for Manufacturing or Relating to Same, and Certain Products Containing Same and Certain Parts Thereof, Investigation No. 337-TA-863 (ITC)
  • Represented complainant Microsoft Corp. against respondents Barnes & Noble, Foxconn, and Inventec in an investigation regarding the Barnes & Noble “Nook” electronic reader products. Certain Handheld Electronic Computing Devices, Related Software, and Components Thereof, Investigation No. 337-TA-769 (ITC)
  • Represented complainant Microsoft Corp. against respondent Motorola, Inc. and Motorola Mobility, Inc. in an investigation regarding cellular telephone handsets; achieved determination that software development is manufacturing for the purposes of domestic industry economic prong. Certain Mobile Devices, Associated Software, and Components Thereof, Investigation No. 337-TA-744 (ITC)
  • Represented a foreign respondent in a case involving elastomeric gels; case settled favorably for the client. Certain Devices Having Elastomeric Gel and Components Thereof, Investigation No. 337-TA-732 (ITC)
  • Represented respondent Apple, Inc. against complainant S3 Graphics Corp. in an investigation into alleged infringement of four patents directed to texture compression. Certain Electronic Devices with Image Processing Systems, Components Thereof, and Associated Software, Investigation No. 337-TA-724 (ITC)
  • Represented respondents Datel Design and Development Ltd. and Datel Design and Development Inc. against complainant Microsoft Corp. in an investigation into alleged infringement of five design patents. Certain Game Controllers, Investigation No. 337-TA-715 (ITC)
  • Represented complainant Humanscale Corp. against a manufacturer of keyboard support arms in an investigation regarding infringement of a patent directed to adjustable keyboard systems. Certain Adjustable Keyboard Support and Components Thereof, Investigation No. 337-TA-670 (ITC)
  • Represented complainants LSI Corp. and Agere Systems Inc. against 23 respondents in an investigation into infringement of patent directed to methods of depositing tungsten in contact holes and vias. Certain Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, Investigation No. 337-TA-648 (ITC)
  • Represented respondent Carsem entities against complainant Amkor Technology, Inc. in an investigation into alleged infringement of three patents directed to chip-scale packages. Certain Encapsulated Integrated Circuit Devices and Products Containing Same, Investigation No. 337-TA-501 (ITC and Court of Appeals for the Federal Circuit)
  • Represented a wireless device manufacturer in Appeal from ITC's Limited Exclusion Order excluding certain wireless device chips and chipsets of the named party, and devices containing the chips and chipsets of third-party manufacturers not named in the underlying investigation; obtained stay of a Limited Exclusion Order for client, pending outcome of the appeal, and obtained a favorable ruling from U.S. Court of Appeals for the Federal Circuit. Kyocera Wireless Corp. v. ITC (Federal Circuit Court of Appeals)

Significant District Court and State Court Matters

  • Represented an LCD driver manufacturer Novatek Microelectronics Corp. in a patent infringement action directed to flicker-free LCD circuits. Case won on summary judgment. Honeywell International Inc. et al. v. Acer America Corp. et al. (E.D. Tex.)
  • Represented plaintiff in patent litigation concerning Voice over Internet Protocol (VoIP). Verizon Services Corp. v. Vonage Holdings Corp. (E.D. Va.)
  • Represented plaintiff in patent litigation involving methods of form-fill-and-seal food packaging. Case settled favorably for the client. Illinois Tool Works Inc. v. Pactiv Corp. (S.D. Ind.)
  • Defended a client in patent litigation involving patent directed to hip implants. Case settled favorably for the client. Zimmer, Inc. v. BTG Ltd. (D. Del.)
  • Defended a client in a breach of contract action involving a most favored licensee provision of a patent license. Zimmer, Inc. v. BTG Ltd. and Johnson & Johnson (Ind. State Trial Court)
  • Defended a client in patent litigation involving femoral implant kits. Zimmer v. DePuy, Inc. (D. Ill.)
  • Defended a client in patent infringement litigation relating to immunological methods for removing cholesterol from the blood circulatory system. Strahilevitz v. Kaneka Pharma America Corp. (W.D. Wash.)
  • Defended a client in complex patent litigation involving assertion of 16 patents for 3-D printing technology and defended against two patents directed to nylon formulations. EOS GmbH Electro Optical Systems v. 3D Systems, Inc. (C.D. Cal. and N.D. Tex.)
  • Defended a client in trade dress litigation related to the configuration of temperature probes for use on aircraft. The B.F. Goodrich Co. and Rosemount Aerospace, Inc. v. Esterline Tech. Corp. and Auxitrol S.A. (D. Minn.)

Insights

Credentials
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Education

  • J.D. Temple University School of Law 1998
  • Member, Temple Environmental Law & Technology Journal
  • B.S. Microbiology University of Washington 1993

Bar Admissions

  • Washington
  • Illinois
  • District of Columbia
  • U.S. Patent and Trademark Office

Professional Memberships and Activities

  • Member, ITC Trial Lawyers Association 
  • Member, Federal Circuit Bar Association 
  • Member, American Intellectual Property Law Association 
  • Member, Norwegian American Chamber of Commerce

Recognition
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  • Recognized as an IP Star in Managing Intellectual Property, 2013 – 2016, 2019 - 2020
  • Listed in Legal 500, 2011, 2013