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N. Andrew Crain
Partner
andrew.crain@tkhr.com
Atlanta Office
600 Galleria Parkway
Suite 1500
Atlanta, GA 30339
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Phone:
770-933-9500
Fax:
770-951-0933
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University of Alabama School of Law, J.D. 1999
Editor, Alabama Law Review
University of Alabama, Electrical Engineering 1993
Litigation / Trial Practice
Patents
Copyrights
Opinions - Consultation and Review
Trademark and Design
Andrew is 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 involing all types of intellectual property issues and has appeared in courts throughout the United States, including district courts in Georgia, Texas, Tennessee, Alabama, and Maine. Andrew has also sucessfully represented clients at the appellate court level, particularly the United States Court of Appeals for the Federal Circuit.
Andrew is frequently asked by clients to render legal opinions concerning the infringement, validity, and enforceability of patents and similarly opinions regading product clearances and trademark searches and clearances. These legal opinions have helped Thomas Kayden's clients to avoid litigation in some instances and have been effective in litigations in defending infringement claims and willful infringement charges in other instances.
Andrew's litigation experiences include a number of diverse intellectual property related matters. The following are selected representations:
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.
CMI v. Northstar Vinyl, LLC (N.D. Ga.) - Lead counsel representing CMI in assertion of patent infringement claims related to seawall panels and supporting wales against defendant.
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.
Northern Distirct of Georgia
Middle District of Georgia
U.S. Court of Appeals for the Federal Circuit
Registered to practice before the U.S. Patent and Trademark Office
State Bar of Georgia
Intellectual Property (IP) Section of the State Bar of Georgia.
- Currently IP Section Executive Committee Chair-Elect
- Previously served as Vice-Chair, Secretary, Treasurer, Patent Committee Chair, and Editor of the Section's newsletter, "A NOVEL EXPRESSION OF CONFUSION."
- Through involvement in the IP Section, Andrew has established great relationships with a many of Georgia's attorneys that comprise the IP Section.
Intellectual Property Organization (IPO)
Speaker: "Prevailing Should Mean 'Prevailing': Why the Eleventh Circuit Should Abandon its Minority Position on Offers of Judgement in Copyright Cases and Join the Majority" Annual Institute of the Georiga Intellectual Property Section, Cabo San Lucas, Mexico, Scheduled for Nov. 13, 2008.
Co-author: "From Blueprints to Megabytes: Copyright Issues for Architects, Builders, and Developers in the Digital Age" Georgia Bar Journal, Scheduled for Oct. 2008 publication.
Speaker: "Microsoft Corp. v. AT&T Corp.--Limits on the Extraterritorial Effects of Patents under Section 271(f)," State Bar of Georgia, Intellectual Property Law Section, June 2007.
Speaker: "Bidding for Injunctive Relief After eBay v. MercExchange," State Bar of Georgia, Intellectual Property Law Section, June 2006.
Speaker: "Opinions of Counsel after Knorr-Bremse" APLF Annual Meeting, November 2004.
Speaker: "Patent Application/Response Drafting Guidelines: Perspectives of Corporate and Outside Counsel," State Bar of Georgia, Intellectual Property Law Section, June 2003.
Author: Beware of Back Door On-Sale Activities, 14 INTELL. PROP. & TECH. L. J., 1, (Feb. 2002).
Speaker/Author: What Every Lawyer Should Know About Patents, State Bar of Georgia Annual Meeting, 2002.
Co-author: Maintenance, Protection and Licensing of Trademarks, LORMAN EDUCATION SERVICES, (2001).
Author: Bernstein, Karn, and Junger: Constitutional Challenges to Cryptographic Regulations, 50 ALABAMA LAW REVIEW 869 (1999).
Editor: Intellectual Property Law Section Newsletter (2002-2004).
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