Andrew J. Sutton
Andrew “A.J.” Sutton is an associate in Ropes & Gray’s intellectual property litigation group. A.J.’s practice focuses primarily on representing clients in patent, trademark, copyright, and trade secret litigation disputes. A.J. works with companies in a wide range of industries, including video games, television, semiconductors, computer software and hardware, consumer electronics, wireless systems, and mechanical devices.
A.J. has experience developing litigation strategies, taking and defending depositions, second-chairing federal trial, administrative, and appellate oral arguments, drafting dispositive motions and briefs, managing the day-to-day in discovery, prosecuting trademark applications, drafting IP settlement agreements, and analyzing standard-essential patent portfolios.
A.J.’s undergraduate degree is in Mechanical Engineering, and his coursework covered a broad array of scientific disciplines including C++, organic chemistry, and robotics. In addition, A.J. served as team lead on several engineering projects, including a robotics design and building competition where his team earned second place out of forty-eight teams.
While in law school, A.J. externed for the Honorable Judge Irene M. Keeley of the Northern District of West Virginia, where he worked extensively on several patent cases, including a Hatch-Waxman Paragraph IV ANDA litigation case being heard before the court.
A.J.’s pro bono practice includes representation of clients in the areas of veterans’ disability, family and domestic violence, social security disability, criminal defense, civil rights and human trafficking. A.J. is also an active member of the Asian Pacific American Bar Association of Washington D.C. and the GW Law alumni association.
- SuperCell Oy v. GREE Inc. (PTAB) – Representing patent owner GREE, Inc. in multiple Post-Grant Review proceedings defending its video game-related patents against challenges under Section 101 and 112 brought by its competitor Supercell.
- Veeco Instruments Inc. v. SGL Carbon, LLC et al. (E.D.N.Y. / Fed. Cir.) – Represented Veeco at trial and on appeal in a multi-patent infringement case related to removable wafer carriers used in the production of LEDs in Metal-Organic Chemical Vapor Deposition (MOCVD) systems. Successfully obtained a preliminary injunction prohibiting SGL from supplying infringing wafer carriers to Veeco’s chief MOCVD competitor.
- Represented a Multinational Internet Technology Company in a defensive copyright infringement action in S.D.N.Y. Successfully obtained pre-answer dismissal of all claims.
- Represented a Multinational Software Company in an offensive trademark infringement action in district court against a competitor. Obtained a favorable settlement resulting in the defendant ceasing all use of the challenged mark globally.
- Barings LLC v. Simon Jacques – In administrative proceeding before the World Intellectual Property Organization, successfully acquired domain name from an anonymous squatter who purportedly registered the domain name as part of an email phishing scheme.
- Canon, Inc. v. TCL Electronics Holdings Ltd. (E.D. Tex.) – Defending TCL in a five-patent suit relating to smart TV functionality and interfaces.
- GN Hearing A/S v. Oticon A/S – Successfully challenged claims of two separate patents directed to hearing aid technology between close competitors.
- Wavetamer Gyros, LLC v. Seakeeper, Inc. (PTAB) – Represented Seakeeper in two IPR proceedings. Successfully obtained dismissal of both petitions prior to an institution decision.
- Certain Non-Volatile Memory Chips and Products Containing the Same (337-TA-916) – Represented Spansion in an ITC investigation brought against Macronix and several electronics manufacturers, involving four patents related to flash memory chips.
- Comcast v. Rovi (PTAB) – Represented Rovi in fifteen patent office IPR proceedings involving five patents directed to interactive program guides and related hardware and software.
- Advanced Micro Fabrication Electronics v. Veeco Instruments Inc. (PTAB) – Represented Veeco in a patent office IPR proceeding involving a patent directed to removable wafer carriers used in the production of LEDs in Metal-Organic Chemical Vapor Deposition (MOCVD) systems.
- Defended a Leading U.S. Consumer Electronics Company in a W.D. Texas patent infringement action regarding keyboard technology. Obtained a favorable settlement.
- Defended a Leading Lighting Systems Company in a D. Del. patent infringement action regarding wireless technology.
- Ragner Technology et al. v. National Express / Telebrands (D.N.J.) – Representing patent owner Ragner Technology and exclusive licensee Tristar Products in a set of competitor cases, asserting patents covering expandable garden hoses and methods of use, as well as raising claims of false advertising and unfair competition.
- Represented a Leading U.S. Consumer Electronics Company. Prepared petitions for CBM review challenging litigated patents relating to storing and paying for data. Successfully obtained multiple final written decisions invalidating all challenged claims.
- Represented a victim of domestic violence pro bono. Successfully obtained a modified civil protection order and favorable divorce order at the D.C. Superior Court.
- Represented a veteran’s surviving spouse pro bono before the Court of Appeals of Veterans claims. Obtained a favorable joint remand order.
- Represented a victim of human trafficking pro bono. Filed a T-Visa application with USCIS and successfully obtained T-nonimmigrant status for the client.
- Ricchio v. McLean (1st Circuit) – Filed an amicus brief on behalf of Freedom Network in support of plaintiff-appellant. The Second Circuit, in an opinion written by retired Supreme Court Justice David Souter, sitting by designation, ruled in favor of the plaintiff-appellant and reversed the district court decision dismissing her claims under the Trafficking Victims Protection Reauthorization Act.
- A New York Synagogue – Successfully prosecuted trademark application pro bono
- Co-author, “Shielded by Sovereignty: The Implications for Patentees of Covidien v. University of Florida Research Foundation & Its Progeny,” 45 A.I.P.L.A. Q.J. 593 (Fall 2017)
- Co-author, Course Handbook Chapter, “The PTAB turns Five,” PLI’s 11th Patent Law Institute (May 2017)
- Co-author, “2015 Year-in-Review: Important U.S. Patent Law Developments,” Bloomberg BNA Patent, Trademark & Copyright Journal (January 29, 2016)
- Co-author, “Promega: Can Inducer And Infringer Be The Same Party Now?,” Law360 (March 16, 2015)
- “Discovering Discovery Technology! A Model Order and Pilot Program For Implementing Predictive Coding and Other New Technologies in Document Review,” 42 A.I.P.L.A. Q.J. 459 (Summer 2014)
- JD, cum laude, The George Washington University Law School, 2014; President, Student Bar Association; Staff Member, American Intellectual Property Law Association Quarterly Journal; Semi-Finalist, GW Law Giles Rich Moot Court competition
- BS (Mechanical Engineering), University of California, San Diego, 2009