N. Andrew Crain

Partner


connect


Law School

University of Alabama School of Law, J.D., Alabama Law Review

undergraduate/graduate

University of Alabama, B.S. Electrical Engineering


practice areas


industries



Biography


Andrew is the firm's managing partner and 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.


Experience


Andrew's litigation experiences include a number of diverse intellectual property related matters. The following are selected representations:

Dell, Inc. v. Acceleron (IPR 2013-00443, PTAB) Lead counsel in successfully pending PTAB to deny Petition for inter partes review brought by Dell.

QSC Audio Products, LLC v. Creast Audio, Inc. (IPR 2014-00129, PTAB) Lead counsel in successfully defeating petition brought by QSC, where all challenged claims found patentable. 

Morris & Associates, Inc. v. Cooling & Applied Technology, Inc. (N.D.N.C.) Lead counsel for Morris against competitor on patent pertaining to poultry processing assemblies, resulting in the Court granting Morris summary judgment on defendant’s infringement and enjoining defendant first via a preliminary injunction followed later by a permanent injunction against defendant’s manufacture, use, sale, offer for sale, and/or importation of the accused product.

EON IP Holdings Corp., LLC v. Acme Packet, Inc., et al. (E.D. Tex.) Lead counsel for defendant Acme Packet in defense of claims of indirect patent infringement related to multi-service gateway devices and patent for wireless modem and applications for dual mode communications over wireless networks.

Victor Company of Japan, LTD v. Cyberlink, et al. (W.D. Tex.) - Lead in a team of attorneys representing Cyberlink in defense of patent infringement claims pertaining to protection of data and jump-reproducing video data features related to recording disks (i.e., DVDs).

CMI v. Shoreline Plastics, et al. (N.D. Ga.) - Lead counsel representing CMI in assertion of patent infringement claims related to seawall panels and supporting wales against multiple defendants.

Smallwood Reynolds Stewart Stewart & Associates, LLC v. The Preston Partnership, LLP (N.D. Ga.) - Lead counsel for Smallwood Reynolds in assertion of copyright infringement and unfair competition claims related to the alleged copying of architectural drawings and architectural works associated with high rise residential condominium projects located throughout the country and alleged false statements contained on defendant's Internet web site and in print media.

Quadrascan Technologies, LLC v. Gayle Technologies, Inc. et al. (M.D. Tenn.) - Represented Quadrascan in asserting patent infringement claims related to automatically detecting the sealing effectiveness of a compartment (i.e., a vehicle) via ultrasonic transmitters and receivers against defendants.

Anton Bauer v. PAG, Ltd. (D. Conn.) - Defended PAG against patent infringement claims related to camera battery connection system and apparatus. Member of team of attorneys that successfully persuaded the Federal Circuit to reverse the district court's injunction.

Eshare Technologies, Inc. et al. v. Stratasoft, Inc. (N.D. Ga) - Defended Stratasoft against patent infringement claims related to call center software and devices.


Admissions


  • State Bar of Georgia
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern and Middle Districts of Georgia
  • U.S. District Court for the Eastern District of Texas
  • Registered to practice before the U.S. Patent and Trademark Office

Memberships


State Bar of Georgia: Chair of Intellectual Property (IP) Section – 2009-2010

Atlanta Intellectual Property Inn of Court

Master American Bar Association (ABA) – Member of Intellectual Property Law and Litigation Sections: Vice Chair

Commercial & Business Litigation (CBL) Committee of ABA Litigation Section, Membership Co-Chair, CBL Committee

Subcommittee Chair of Federal Circuit Report for Litigation Section web site