IP LAW LEADERS PLLC
BAR ADMISSIONS
Andrew C. Aitken
Attorney
District of Columbia
Maryland
COURT ADMISSIONS
U.S. District Court for the Eastern District
of Virginia
U.S. District Court for the District of
Maryland
U.S. Patent and Trademark Office
EDUCATION
J.D., Catholic University Law School,
1987
B.S., Loyola College of Maryland, 1983
MEMBERSHIPS
American Bar Association
Section Member, Maryland Bar
Intellectual Property Committee
American Intellectual Property Law
Association
Bar Association of the District of
Columbia
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.
Mr. Aitken makes a commitment to learn the technology of each of his
clients as well as how the technology fits with client’s overall business
strategy. He often assists clients in matters regarding capital and venture
financing, contracts, employment issues and corporate governance.
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 recognizes 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 and Maryland. The experience is
fostered by his additional experience in patent appeals, patent
reexamination proceedings, trademark oppositions and trademark
cancellation proceedings.
In summary, Mr. Aitken's experience includes:
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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.
REPRESENTATIVE LITIGATIONS
Representative litigation matters have included:
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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.
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Bally Gaming, Inc. v. Kappos (D.C. District of Columbia 2011)
Represents the patentees Pearson and Ringo in a pending
matter relating to gaming technologies.
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Billco International, Inc. v. Charles Products Inc. (D. Md. 2009).
Represents Charles Products Inc. in a copyright case relating to
private label souvenirs.
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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.
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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.
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Karolewicz v. Drummond Press, Inc. (C.D. Fla. 2008).
Represented the defendant, Drummond Press, Inc. in patent
infringement matter. Served as lead counsel and handled all
aspects of the case.
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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.
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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. Represented the importer, A.V. Imports and the
trademark owner Platinum Brands in the matter.
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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.
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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.
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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 TriCyclen.
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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.
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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.
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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.
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A.V. Imports v. Spirits International, N.V. (TTAB). Represented
A.V. Imports, Inc, and now its successor A.V Brands, Inc. which
sought cancellation of the trademark registration RUSSKAYA for
vodka on the grounds of abandonment.
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Pete’s Brewing Company v. Beverage Brands (UK) Limited, and
East Coast Beverage Corp., d/b/a Collins International, SA-02CA-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.
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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.
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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.
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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 highend loudspeakers. Represented accused infringer Paradigm
Electronics, Inc. and served as lead counsel.
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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.
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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.
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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.