Andy Aitken's practice is primarily focused on the protection and defense of intellectual property. Andrew C. Aitken has been successfully securing foreign and domestic patents and trademarks for his clients for more than 20 years.
He has litigated dozens of complex patent, copyright and trademark disputes in federal courts throughout the country, including in New York, Florida, New Jersey, California, Georgia, Illinois, Kentucky, Texas, Virginia and Maryland.
Services include:
- Markman hearings
- Patent appeals before the Board of Patent Appeals
- Patent reexamination experience
- Trademark opposition proceedings
- Trademark cancellation proceedings
- Intellectual property counseling
- Negotiation of patent and trademark license agreements
- Patent drafting and prosecution
- Trademark preparation and prosecution
- Cease and desist letters
- Copyright counseling
- FTC issues Civil Investigative Demands (C.I.D.)
- Consumer Product Safety Commission compliance
- Made in America claims
- Inter partes proceedings
- Non-Disclosure Agreements
- Jury and bench trial experience (patent, trademark, copyright, trade secret)
Food & Beverage Industry Expertise
Andy represents a number of beverage companies including those involved in the manufacture and importation of both wines and spirits and non-alcoholic beverages. Andrew performs the following services for his clients in the beverage industry:
- Worldwide trademark clearance for new products
- Securing trademark registrations
- Preparation of co-packaging agreements
- Preparation of supply agreements
- Preparation of distribution agreements
- COLAs and FDA prior notice
- CBD products
Representative Clients Include:
Gio Brands International, LLC.
Platinum Brands, LLC.
Enovation Brands Inc.
Enoitalia, s.p.a.
Beverage Brands PLC.
Azzurri Imports, LLC.
Giori, s.p.a.
Al Maidan LLC.
Terra Products, Inc.
Evergreen Sweeteners, Inc.
Benoit Valerie Calvet
Valle Reale s.r.l.
Intellectual Property Litigation
Andrew is an experienced and cost-effective litigator. He routinely appears in patent, trademark and copyright matters in courts throughout the country. His representative litigation experience includes:
Mr. Aitken represents plaintiff Bullseyebore in patent, trademark, copyright, and false advertising claims against more than 20 defendants. On February 12, 2024 the court granted Bullseyebore’s motion for a preliminary injunction.
Mr. Aitken represented the plaintiff in a patent infringement matter. The case was settled at an early stage of the litigation.
Mr. Aitken serves as local counsel in a patent infringement case.
Mr. Aitken joined Ninebot’s litigation team that won partial summary judgment regarding redesigned products. Plaintiff’s design-patent claims and multi-million-dollar damages demand were rejected by the jury; appeal pending at the time.
Mr. Aitken represented Coollid Corp. in a commercial case against its insurance carrier. The matter was favorably settled before trial.
Mr. Aitken represented the defendant in a commercial dispute relating to a 510(k) submission. The matter was favorably settled before trial.
Mr. Aitken represented Enovation Brands in a trademark dispute. The matter settled on favorable terms.
Mr. Aitken represented the plaintiff. After a bench trial, he obtained a judgment of damages.
Mr. Aitken represented Defendant Charles Products, Inc. in a dispute relating to the marking of children’s products under regulations of the Consumer Product Safety Commission. He successfully obtained summary judgment of no liability.
Mr. Aitken represented Defendant Naztec International in a patent dispute relating to voting booths.
Mr. Aitken represents Plaintiff Trident in an action relating to trade secrets and false advertising in a matter involving beneficial bacteria used as soil amendments to increase plant growth.
Mr. Aitken represents the patentees Pearson and Ringo in a matter relating to gaming technologies. The District Court granted the patentees’ motion to dismiss.
Mr. Aitken represents Charles Products Inc. in a copyright case relating to private-label souvenirs.
Mr. Aitken represented accused infringer Phoebe Micro, Inc. in a patent case relating to wireless technology implementing the 802.11n standard. He briefed claim-construction issues and presented oral argument, working with co-counsel.
Mr. Aitken represented the patent owner Wincell International, Inc. in a utility-patent infringement claim relating to an award-winning children’s toy. PlaSmart’s request for a preliminary injunction on a trade-dress claim was denied. Mr. Aitken was lead counsel.
Mr. Aitken represented defendant Drummond Press, Inc. in a patent infringement matter. He served as lead counsel and handled depositions and motion practice. After a Markman hearing and summary-judgment briefing, plaintiff dismissed all claims against Drummond Press.
Mr. Aitken represented Powerchip Semiconductor in a matter involving an alleged breach of a patent license agreement and a claim exceeding $150,000,000. He led discovery and depositions (including in Taiwan) and managed more than 100,000 documents with a team of associates. Settled on favorable terms after summary-judgment briefing.
Trade-dress and trademark matter involving bottle shape. Mr. Aitken represented A.V. Imports and Platinum Brands; case settled after supplier agreed to a minor container redesign.
Mr. Aitken represented An Chen Computer Co., Ltd. in a patent matter relating to hard-drive duplicating technology. Settled early; defendant became a supplier to the patentee. Mr. Aitken negotiated the settlement and supplier agreements as lead counsel.
Hatch-Waxman paragraph IV matter concerning Ortho Tri-Cyclen Lo. Mr. Aitken had day-to-day responsibility managing discovery, depositions, experts, and disputes; ultimately settled.
Hatch-Waxman paragraph IV patents covering Ortho Tri-Cyclen. Mr. Aitken helped prepare fact and expert witnesses, reports, trial strategy, and Markman briefs; settled two days before trial.
Pre-filing investigation on a potential patent infringement claim concerning a pharmaceutical product; strategy for validity, expert engagement, and analysis of inequitable-conduct and invalidity defenses presented to client leadership.
Patent litigation involving U.S. Patents 4,556,492 and 4,818,411. Mr. Aitken co-tried damages in 2002 (four-week trial) and assisted on liability (1998). After Federal Circuit reversals and remand, the case settled following the damages trial with an eight-figure payment by defendant.
Trade-secret and non-compete matter involving an H. pylori diagnostic test; preliminary injunction entered in part after a four-day evidentiary hearing. Mr. Aitken served as co-counsel.
Cancellation of the trademark registration RUSSKAYA for vodka on abandonment grounds. After trial on the merits, the TTAB found in favor of Mr. Aitken’s client.
Trademark dispute over Pete’s Wicked Ale marks. Default judgment set aside; case transferred on forum non conveniens grounds to D. Mass.; settled during discovery.
Lanham Act and trade-dress matter involving wine bottles. Mr. Aitken served as lead counsel. Settled after discovery on favorable terms, with a substantial payment.
Patent case regarding an exercise device; settled early during discovery. Mr. Aitken represented TriStar Products Co. as lead counsel.
Patent case involving two Velodyne loudspeaker patents; settled before discovery completed. Mr. Aitken represented Paradigm Electronics, Inc. as lead counsel.
Copyright case involving restored-term rights in hundreds of Mexican films. Mr. Aitken and co-counsel successfully transferred the case to S.D. Tex. (Houston).
Patent case involving an arcade amusement game (U.S. 5,385,347). Jury found the patent valid and infringed; defendant settled before damages phase. Mr. Aitken served as lead counsel.
Patent case involving pipette tips for PCR. After discovery and denial of defendants’ summary-judgment motion on liability, the case settled favorably to Porex. Mr. Aitken served as lead counsel.
Declaratory-judgment action concerning Ecolochem’s U.S. 4,556,492 & 4,818,411 (deoxygenation). After denial of Arrowhead’s invalidity summary-judgment motion, Arrowhead consented to validity, an injunction, and a seven-figure payment. Mr. Aitken represented Ecolochem as co-counsel.
Bench-trial victory on validity and infringement of U.S. 4,556,492; later $500,000 damages award after a five-day trial in 1991; multiple appeals affirmed. Mr. Aitken assisted with Ecolochem’s representation.
Patent case involving clear caulk cartridges and tubes (U.S. 4,776,458 & 4,863,014). After an evidentiary hearing, court found no violation of a prior consent decree; later granted Red Devil summary judgment of non-infringement. Mr. Aitken was co-counsel.
Patent case involving a caulk cartridge (U.S. 5,582,331). Court found the patent invalid; judgment affirmed by the Federal Circuit. Mr. Aitken represented Red Devil and Home Depot as lead counsel (appeal argued by co-defendant’s counsel).
Copyright case concerning a short story adapted as a screenplay and performed on Broadway. Settled favorably for copyright owner Pamela Ward; Mr. Aitken served as lead counsel.