Townsend and Townsend and Crew LLP
About Andrew OliverMr. Oliver is Special Counsel in Townsend's litigation group, where he focuses his practice particularly on patent litigation and counseling. Based in the Palo Alto office, Andrew has appeared in the Federal Circuit and District Courts in several important patent jurisdictions, including California, Delaware, New York, Texas, and Virginia. He has also participated in arbitration related to patent licensing, litigated trade dress, trademark, and unfair competition issues, prosecuted patents in several technical areas, provided formal opinions regarding patent validity and infringement, performed broad intellectual property due diligence for mergers and licensing negotiations, and advised clients regarding litigation-avoidance strategies.
Mr. Oliver's degree in systems engineering and his software engineering experience equipped him to litigate cases in many technical disciplines. He has extensive experience litigating patent infringement cases in a variety of industries including internet and networking infrastructure, computer systems, operating systems and software, consumer electronics, computer hardware, digital and analog semiconductor circuitry, semiconductor processing equipment, semiconductor processing chemistry, and medical devices.
In 2010, Mr. Oliver was recognized by his peers and selected by Super Lawyers magazine as a Rising Star in Intellectual Property Litigation.
In 2009, Mr. Oliver won frivolous appeal sanctions from the Federal Circuit. The decision in favor of Andrew's client appears to be the only such sanction in a patent lawsuit in over 12 years. The decision is reported at E-Pass Techs. Inc. v. 3Com Corp., 559 F.3d 1374 (Fed. Cir. 2009).
At his most recent trial in the Northern District of California, Mr. Oliver was a key member of the liability team that won a patent infringement victory for Linear Technology Corporation. The court found that the defendant had willfully infringed the asserted patent and awarded treble damages to Linear Technology Corporation.
Prior to becoming a lawyer, Mr. Oliver gained valuable technical and business experience as a software engineer/designer for Hughes Missile Systems Company and consultant to Raytheon Company. In both positions, Andrew was responsible for designing and coding many aspects of client/server software packages and relational databases.
Representative Cases and Matters
Apple v. eForCity et al., Apple v. Sanho: Representing Apple Inc. in assertion of utility patents, design patents, trademarks, and unfair competition claims related to accessories for hand held consumer electronic devices.
E-Pass v. palmOne et al.: Lead counsel for appellee ACCESS Systems Americas, Inc. (formerly PalmSource, Inc.) in appeal related to patent infringement action. Counsel for ACCESS in underlying action related to operating system software and consumer electronics. Obtained summary judgment of non-infringement, award of attorneysÃ¢ fees, and two Federal Circuit affirmations.
Linear Technology v. Micrel: Key member of trial team responsible for liability in analog circuits case. Team obtained willful infringement ruling and treble damages for Linear Technology at trial.
Varian Semiconductor v. Applied Materials: Key member of damages and validity team in patent license arbitration regarding semiconductor processing equipment. Team obtained favorable arbitration award for Varian resulting in $22 million payment.
Textscape v. Adobe: Key member of team that secured expedited summary judgment of invalidity in matter related to consumer software.
MediaTek v Sanyo: Lead associate responsible for two of three patents at issue in digital signal processing and consumer electronics patent litigation. Case resulted in favorable settlement.
Other Cases and Matters
Honeywell v. Novatek: Counsel for defendant Novatek in patent case related to liquid crystal display (LCD) systems. Team obtained summary judgment of non-infringement.
epicRealm v. Oracle: Counsel for defendant Oracle in patent case related to webservers. Team obtained summary judgment of non-infringement; case was remanded for further findings.
Balthaser v. Network Solutions: Counsel for defendant Network Solutions in patent case related to website design software. Team obtained favorable early settlement.
Juniper v. Shipley: Counsel for defendant in false patent marking case. Team obtained dismissal for failure to state a claim.
TecSec v. Oracle et al.: Counsel for defendant Oracle in patent case related to encryption mechanisms within enterprise software and hardware devices.
Enhanced Security Research v. Juniper: Represented plaintiff in patent case related to network firewalls. Case stayed pending reexamination.
Keen v. InfoRocket: Represented plaintiff asserting patent and trade dress infringement related to internet services.
Texas Instruments v. Linear Technology: Represented defendant in patent case related to semiconductor processing chemistry.
Harrah's v. Station Casinos: Represented plaintiff in patent case related to computer networking infrastructure and software.
- Intellectual Property
Jurisdictions Admitted to Practice
|Special Counsel, Townsend and Townsend and Crew LLP|
|Associate, Fish & Neave (merged into Ropes & Gray)|
|University of Arizona||B.S.||Systems Engineering|
|Honors: with Honors|
|University of Virginia School of Law||J.D.||Law|
|Member||San Francisco Bay Area Intellectual Property American Inn of Court|
|Member||Federal Circuit Bar Association|
|Rising Star in Intellectual Property Litigation, Super Lawyers|