Andrew C. Aitken
Andrew Aitken is a skilled lawyer who brings some 25 years of experience in procurement, prosecution and licensing of intellectual property matters. He also has an extensive track record of successfully litigating intellectual property and other commercial disputes throughout the country.
Despite having litigated in many areas of law, Mr. Aitken’s particular focus is in complex intellectual property litigation. As a registered patent practitioner, he brings knowledge of the mechanics of patent prosecution practice, including the preparation and prosecution of utility patents, design patents, trademarks and registration of copyrights.
In the patent area, Mr. Aitken has special expertise in connection with the amusement game industry, computer hardware and peripherals, gaming and toys, software, electro-mechanical inventions and business methods. In the trademark area, he is recognized as leading litigator in the global beverage industry.
Mr. Aitken has litigated dozens of complex patent and trademark disputes in federal courts throughout the country, including in New York, Florida, New Jersey, California, Georgia, Texas, Virginia, Kentucky and Maryland. The experience is fostered by his additional experience in patent appeals, patent reexamination proceedings, inter partes proceedings, ITC matters, trademark oppositions and trademark cancellation proceedings.
In summary, Mr. Aitken’s experience includes:
- Jury and bench trial experience in connection with patent, trademark, copyright and trade secret disputes;
- Markman hearing experience;
- Experience in the Eastern District of Texas;
- Patent appeal experience before the Board of Patent Appeals;
- Patent reexamination experience;
- Trademark opposition experience;
- Trademark cancellation experience;
- Intellectual property counseling;
- Negotiation of patent and trademark license agreements;
- Patent drafting and prosecution;
- Trademark preparation and prosecution;
- Cease and desist letters; and
- Copyright counseling.
- District of Columbia
- U.S. Patent and Trademark Office
- U.S. District Court for the District of Columbia
- U.S. District Court for the District of Maryland
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- J.D., Catholic University Law School
- B.S., Loyola College of Maryland
Representative litigation matters have included:
- Asia Vital Components Co., Ltd. v. Asetec Damark A/S, (Fed.Cir. 2016) In an appeal to the Federal Circuit, Mr. Aitken reversed the trial court’s decision that there was not a justiciable controversy in a declaratory judgment action for patent invalidly and non-infringement.
- Hillerich and Bradsby Co. Inc. v Charles Products, Inc. (WD Ky 2014). Mr. Aitken represents defendant Charles Products, Inc. relating to a contractual dispute relating to Louisville Slugger branded products. Charles Products was recently granted partial summary judgment on the majority of the claims asserted.
- Blue Box OPCO, LLC v. Caperon Designs (ED MO 2015). Mr. Aitken represented Caperon Designs in a Patent matter relating to baby products.
- C.R. Daniels v. Naztec International (D. MD 2011) Mr. Aitken represented the Defendant Naztec International in a patent dispute relating to voting booths. The matter was settled.
- Trident Products and Services, LLC. v. Canadian Soiless Wholesale, Ltd. and Advanced Nutrients, Ltd. (E.D. Va 2009). Represents Plaintiff Trident in an action relating to trade secrets and false advertising in a pending matter involving beneficial bacteria used as soil amendments to increase plant growth.
- Bally Gaming, Inc. v. Kappos (D.C. District of Columbia 2011) Represented the patentees Pearson and Ringo in a matter relating to gaming technologies and successfully had the claim dismissed.
- Billco International, Inc. v. Charles Products Inc. (D. Md. 2009).
Represented Charles Products Inc. in a copyright case relating to private label souvenirs.
- Linex v. Belkin et al. (E.D.TX 2008). Represented accused infringer Phoebe Micro, Inc. in patent case relating to wireless technology that implements the 802.11n standard.
- PlaSmart Inc. v. Wincell International, Inc. et al. (S.D.N.Y. 2006). Represented the patentee Wincell International, Inc. in connection with a claim for utility patent infringement relating to an award-winning children’s toy.
- Karolewicz v. Drummond Press, Inc. (C.D. Fla. 2008). Represented the defendant, Drummond Press, Inc. in patent infringement matter. Mr. Aitkens served as lead counsel and handled all aspects of the case. The case was resolve in favor of Drummond Press by summary judgment after a Markman hearing.
- Texas Instruments, Inc v. Powerchip Semiconductor Corp. (S.D.N.Y. 2005). Represented Powerchip Semiconductor in this matter which related to an alleged breach of a patent license agreement and a claim for over $150,000,000 in damages. Served as the lead counsel in the matter and led all aspects of the case including the supervision of extensive discovery efforts.
- Voss of Norway v. Enoitalia S.p.a., Platinum Brands, LLC and A.V. Imports, Inc. (S.D.N.Y. 2006). Voss filed a trade dress and trademark infringement matter involving its bottle container shape. Mr.Aitken represented the importer, A.V. Imports and the trademark owner Platinum Brands in the matter.
- Itelligent Computer Solutions, Inc. v. Kanguru Solutions and An Chen Computer Co., Ltd. (C.D. Cal. 2005). Represented defendant An Chen Computer Co., Ltd. in a patent infringement matter relating to an invention relating to improvements for duplicating data on computer hard drives, serving as lead counsel.
- Ortho-McNeil Pharmaceutical Inc. and Johnson & Johnson Pharmaceutical Research and Development, LLC v. Barr Laboratories, Inc., Civil Action No. 03-CV-4678 (SRC). (N.J.) In a Waxman Hatch paragraph IV matter, Ortho-McNeil brought suit against Barr Laboratories in response to Barr’s filing an ANDA for Ortho Tri-Cyclen Lo, an oral contraceptive. Working with a team of attorneys, had primary responsibility for the day to day management of this case including the supervision of all aspects of the case.
- Ortho-McNeil Pharmaceutical Inc. v. Barr Laboratories, Inc., (2003) (Patent Validity) (N.J.) In a Hatch Waxman paragraph IV matter, Ortho-McNeil brought suit against Barr and asserted a series of patents covering the oral contraceptive Ortho Tri-Cyclen.
- Confidential (Pharmaceutical patent matter, 2004) Involved in a pre-filing investigation with respect to a potential patent infringement claim relating to a pharmaceutical product. Participated in a presentation of the findings of the investigation to the client including the general counsel and chief patent counsel of the Fortune 100 pharmaceutical company.
- Ecolochem, Inc. v. Southern California Edison Company, Case No. 92-3436 (C.D. Cal.). Patent infringement litigation involving Ecolochem’s U.S. Patents 4,556,492 and 4,818,411. Prepared for and conducted damages trial.
- Meridian Diagnostics, Inc. v. Apollo et al. (E.D. Ohio 2001) Represented Defendant Apollo and individual employees in a matter that involved trade secrets involving a diagnostic test for H. pylori and a covenant not to compete.
- A.V. Imports v. Spirits International, N.V. (TTAB). Represented A.V. Imports, Inc, and its successor A.V Brands, Inc. which sought cancellation of the trademark registration RUSSKAYA for vodka on the grounds of abandonment.
- Pete’s Brewing Company v. Beverage Brands (UK) Limited, and East Coast Beverage Corp., d/b/a Collins International, SA-02-CA-0558-EP (W.D. Texas 2002); (ED Mass) Represented defendant Beverage Brands Ltd. in a trademark infringement action regarding the Pete’s Wicked Ale marks.
- A.V. Imports, Inc. v. DuFour & Co. et al. (D. N.J. 2000) Action involved a Lanham Act and trade dress infringement claim relating to wine bottles. Represented A.V. Imports, Inc. and served as lead counsel.
- Mattox v. TriStar Products Co. (E.D. Mich. 2000) Represented Tristar Products Co. and served as lead counsel in this patent infringement case regarding an exercise device.
- Velodyne Acoustics, Inc. v. Paradigm Electronics, Inc., Case No. C-98-3553 (N.D. Cal. 1998). This was a patent infringement litigation involving two U.S. patents owned by Velodyne for high-end loudspeakers. Represented accused infringer Paradigm Electronics, Inc. and served as lead counsel.
- Alameda Films, S.A. de C.V., et al. v. H. Jackson Shirley, III, et al., Civil Action No. 98-1523 (D.C. D.C. 1999). Copyright infringement litigation involving rights in restored term of copyright in hundreds of motion picture films owned by 24 Mexican film producers. Retained to obtain a transfer to the U.S. District Court in Houston, Texas.
- Benchmark Entertainment, L.C. v. Seidel Amusement Co., Case No. 97-6390 (S.D. Fla. 1998). Patent infringement litigation involving Benchmark’s U.S. Patent No. 5,385,347 for an arcade amusement game. Represented Benchmark as lead counsel in this matter.
- Porex Technologies Corp. and Porex Scientific, Inc. v. Labcon, North American, Inc., Civil Action No. 1 96-CV-0157 (N.D. Ga. 1998). This was a patent infringement litigation. Served as lead counsel, asserting an infringement claim on behalf of Porex Technologies Corp.