Andrew M. Gross

Senior Counsel

Overview

Andrew is a registered patent attorney with experience in a wide array of intellectual property matters. He is a member of the firm’s Intellectual Property Litigation, Business Litigation & Dispute Resolution, and Mechanical & Electromechanical Technologies Practices.

Andrew’s practice involves litigating patent, trademark, and other complex technology-based disputes in federal courts throughout the United States. He is experienced in managing and handling all aspects of litigation from pre-filing investigations through trial and appeal.

Andrew also performs intellectual property due diligence and transactional work, particularly in connection with business combinations and formations. In one billion-dollar transaction, Andrew was responsible for the due diligence of hundreds of patents and for preparing and negotiating the joint development agreements, license agreements, and supply agreements.

Additionally, Andrew prepares and prosecutes patent applications before the United States Patent and Trademark Office, prepares opinions concerning patent infringement and invalidity, and provides strategic patent counseling.

Andrew’s experience spans diverse industries and technologies, including software, medical devices, global positioning systems, automotive transmissions, turbochargers, aircraft fuel systems, turbine generators, solar concentrators, photovoltaic cells, and electrocatalysts for fuel cells. 

Before beginning his legal career, Andrew was a mechanical engineer with Caterpillar, Inc. As an engineer, he designed and performed structural and vibrational analysis on large diesel engines and construction equipment.

 

Affiliations

Andrew serves on the board of directors for the Chicago Legal Clinic, and the management committee of Legal Advocates for Senior and People With Disabilities.

Education

Andrew earned his law degree from Georgetown University Law Center. He received his bachelor’s degree, with distinction, in mechanical engineering from Iowa State University.

Admissions

Andrew is admitted to practice in Illinois and before the United States Patent and Trademark Office.
Andrew is also admitted to practice before the U.S. Court of Appeals for the Federal Circuit, the U.S. District Court for the Northern District of Illinois, the U.S. District Court for the Eastern District of Texas, the U.S. District Court for the Western District of Texas, the U.S. District Court for the Eastern District of Wisconsin, and the U.S. District Court for the Western District of Wisconsin.

Selected Publications

  • Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name,” IP Litigation Current, October 1, 2018 (co-author)
  • The Second Circuit’s Fox News Decision Suggests That the Value of an Accused Secondary Use Dictates What Constitutes Fair Use,” IP Litigation Current, April 3, 2018
  • Samsung v Apple: calculation complication,” Intellectual Property Magazine, 56-57, February 2017
  • In re: TC Heartland LLC: Status Quo for Venue Selection in Patent Suits (For Now),” IP Litigation Current, May 25, 2016
  • Supreme Court on Induced Infringement: Good-Faith Belief of Invalidity Not a Defense and Knowledge of Infringement Required,” IP Litigation Current, June 2, 2015
  • Federal Circuit Finds Disclaimer Based on “Object of Invention” Language,” IP Litigation Current, March 25, 2015
  • Green Technology Pilot Program: Impact of the USPTO’s Elimination of the Green Technology Classification Requirement,” Foley & Lardner LLP Energy Industry Legal News, September 2010
  • Representative Matters

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    Represented audio/video technology company as lead counsel in patent infringement lawsuit pending in the United States District Court for the Western District of Wisconsin. Obtained favorable settlement.
    Represented Argonne National Laboratory (ANL), operated by the University of Chicago; to provide patent procurement services in both the biological and physical sciences. In the physical sciences, Foley attorneys were responsible for obtaining a large portfolio of electrochemical cell (or battery) patents. Many of these are licensed by major players in the battery technology area as part of an extensive greentech development and commercialization effort at ANL. The firm also obtained numerous patents in medical technology and counter terrorism technology.