Andrew M. Gross


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

Andrew represents clients in patent, trademark, trade secret, and other complex technology-based disputes in federal courts throughout the United States, as well as at the International Trade Commission. He has deep experience managing and handling all aspects of litigation from pre-filing investigations through trial and appeal.

Andrew represents clients in intellectual property licensing, due diligence, and transactional work, particularly in connection with business combinations and formations. As a registered patent attorney, he 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, including aerospace, automotive, consumer goods, electronics, financial services, food and beverage, healthcare diagnostics, manufacturing, medical device, oil and gas, and software. Some representative technologies include the following: aircraft fuel systems, automotive transmissions and turbochargers, fuel cells, global positioning systems, home security systems, photovoltaic cells, secure payment systems, solar concentrators, and turbine generators.

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.

Presentations and Publications

  • “Full Federal Circuit Set to Consider Changing the Test for Obviousness of Design Patents,” IP Litigation Current, July 7, 2023
  • Quoted, “Amazon Self-Publishers Eye Emerging Legal Arena to Fight Piracy,” Bloomberg Law, July 18, 2022
  • “Do We Need a Small Claims Court for Patent Disputes?,” IP Litigation Current, May 10, 2022
  • “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
19 March 2024 Events

Practical Considerations for Obtaining and Relying Upon a Patent Opinion of Counsel

. Join us on Tuesday, March 19, 2024, for an enlightening discussion about factors to consider for obtaining and relying upon an opinion of counsel directed to U.S. patents.
07 July 2023 IP Litigation Current

Full Federal Circuit Set to Consider Changing the Test for Obviousness of Design Patents

The Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness.
01 February 2023 Press Releases

Foley Elects 23 New Partners

Foley & Lardner LLP is proud to announce the election of 23 lawyers to its partnership, effective February 1, 2023.
18 July 2022 In the News

Andrew Gross Discusses New Copyright Claims Board for Small-Scale Infringements

Foley & Lardner LLP Senior Counsel Andrew Gross is quoted in the Bloomberg Law article, “Amazon Self-Publishers Eye Emerging Legal Arena to Fight Piracy.”
09 May 2022 IP Litigation Current

Do We Need a Small Claims Court for Patent Disputes?

On May 3, 2022, the Administrative Conference of the United States (“ACUS”) announced that the USPTO had engaged ACUS to conduct an independent study into the issues associated with, and the design of, a small claims patent court.
01 October 2018 Blogs

Insurers Must Pay Cost of Defending Case Stemming from Use of Famous Marathoner’s Name

Vibram – seller of the “FiveFinger” shoes – took an intellectual property insurance coverage dispute to the highest court of Massachusetts, and won. The Supreme Judicial Court of Massachusetts held that the insurers must pay Vibram’s cost of defending a lawsuit brought by the family of the late marathoner, Abebe Bikila.