Brian Andrea is an associate in the Washington, D.C. office of Gibson, Dunn & Crutcher. He is a member of the Litigation and Intellectual Property practice groups, and his practice focuses primarily on patent litigation. Mr. Andrea has experience in all phases of litigation, including motions practice, managing fact discovery, drafting and arguing claim construction, summary judgment, trial preparation, trial, and settlement negotiations. He has litigated patents in a wide variety of technologies including medical devices, signal processing, automobile components, telecommunications, consumer appliances, computer software and food processing.
Mr. Andrea also has experience managing and developing patent portfolios and counseling clients on a variety of intellectual property matters. This experience includes drafting and prosecuting patent applications, drafting non-infringement and invalidity opinions, participating in ex parte and inter partes proceedings before the United States Patent and Trademark Office (USPTO), drafting licensing and technology transfer agreements, providing patent portfolio and IP monetization counseling, and performing IP due diligence investigations.
In 2014, 2015, and 2016, Mr. Andrea was selected as a Washington, DC “Rising Star” in intellectual property by Super Lawyers Magazine.
Prior to his career as an attorney, Mr. Andrea worked for three years as a Patent Examiner at the USPTO, primarily in the fields of radar systems and optical measuring and testing. Also while at the USPTO, he performed screening of patent applications for national security information and examined electrical applications under national secrecy order. He also has worked as an academic researcher in the optical field and worked as a physics laboratory instructor.
- Koninklijke KPN N.V. v. Gemalto M2M GmbH Representing Gemalto against allegations of patent infringement related to data transmission technology.
- Citrix Systems, Inc. v. Workspot, Inc. Representing Workspot against allegations of patent infringement and false advertising related to remote desktop technology.
- Citrix Systems, Inc. v. Avi Networks, Inc. Representing Avi against allegations of patent infringement and false advertising related to network technology.
- Coding Technologies, LLC v. Mercedes-Benz USA Represented Mercedes against allegations of patent infringement related to bar code technology.
- Costco Wholesale Corp. v. Acushnet Holdings Corp. Represented patent owner Acushnet in patent and false advertising litigation related to golf ball technology.
- 20/20 Vision Center, LLC v. DigitalOptometrics LLC Representing DigitalOptometrics against allegations of patent infringement related to remote eye examination technology.
- Confidential arbitration: Represented a patent owner in a dispute over payments due under a license agreement. The case was settled favorably for client after a 5-day hearing.*
- Masimo Corporation v. Philips Electronics North America Corporation Defending Philips against allegations of patent infringement related to pulse oximetry technology.*
- MODDHA Interactive, Inc. v. Philips Electronics North America Corporation Obtained complete dismissal of litigation for Philips. Specifically, all patent claims against Philips related to speaker technology were dismissed with prejudice and trade secret, fraud, unfair competition, and breach of contract claims were dismissed pursuant to a motion under FRCP 12(b)(6). The dismissal was affirmed by the Federal Circuit.*
- M2M Solutions LLC v. Cinterion Wireless Modules GmbH, et al. Defending Cinterion against allegations of patent infringement related to machine-to-machine communication.*
- SPA Syspatronic AG v. The United States Defending third-party defendant against allegations of patent infringement related to integrated circuit controller technology.*
- Cascades Computer Innovation, LLC v. Koninklijke Philips Electronics N.V. Defending Philips against allegations of patent infringement related to wireless audio devices.*
- Walker Digital LLC v. Philips Electronics North America Corporation, et al. Defending Philips in District Court and International Trade Commission against allegations of patent infringement related to Blu-ray DVD technology.*
- U.S. Philips Corporation v. Palm, Inc. Represented Philips in litigation for infringement of a patent essential to the JPEG image compression standard.*
- LG Electronics, Inc. v. ASKO Appliances, Inc., et al. Defended all defendants against allegations of patent infringement relating to direct drive motors.*
- Medical Monitoring and Paging LLC v. Philips Electronics North America Corporation Defended Philips against allegations of patent infringement related to medical monitoring technology.*
- MHL Tek, LLC v. Nissan Motor Co., et al. Defended the BMW entities against allegations of patent infringement relating to tire pressure monitoring systems.*
- Rembrandt Data Technologies, LP v. AOL, LLC, et al. Defended The Brink’s Company and Brink’s Home Security, Inc. against allegations of patent infringement relating to modem technology.*
- Technology Patents LLC v. Deutsche Telekom, et al. Defended several foreign telecommunications carriers against allegations of patent infringement relating to international communications protocols.*
- Abstrax, Inc. v. Sun Microsystems, Inc. Defended Sun against allegations of patent infringement relating to computer-implemented assembly processes.*
- American CalCar, Inc. v. BMW of North America LLC. Defended BMW against allegations of patent infringement relating to computerized human-machine interface technology and automotive systems.*
* Representations prior to joining Gibson, Dunn & Crutcher
Mr. Andrea received his Juris Doctor from the American University Washington College of Law (AUWCL), where he was active in the American University Law Review as well as the AUWCL Intellectual Property Law Association. He is admitted to practice in the District of Columbia and the Commonwealth of Virginia.