Andrew R. Sommer

Shareholder

Drew Sommer focuses his practice on complex patent disputes, having appeared in more than 160 contentious intellectual property matters in jurisdictions across the country as well as more than 85 Patent Trial and Appeal Board (PTAB) trials. Drew serves as first-chair trial counsel in litigation, representing clients in district courts and before the International Trade Commission (ITC), the Federal Circuit, and the PTAB. He represents both patent owners and accused infringers in a variety of proceedings, drawing on a deep understanding of the technology at issue and experience in handling a wide-range of patent disputes.  Because of the extent of his experience both before the PTAB and the courts, he regularly counsels clients on the interplay between litigation and trial proceedings before the PTAB.  He also advises clients on strategic licensing, patent portfolio development, and patent licensing matters.

He has experience with a wide range of technologies, including video coding (H.264, H.265), lasers, Internet of Things (IoT), telecommunications, computer hardware and software, medical devices, pharmaceuticals, and video games. Prior to practicing law, Drew was a patent examiner with the United States Patent and Trademark Office, and he later served one of the first clerks for the Honorable Kimberly A. Moore of the United States Court of Appeals for the Federal Circuit. 

Concentrations

  • Patent litigation
  • International Trade Commission – Section 337 Litigation
  • Post-issuance patent proceedings, including inter partes review, post-grant review, covered business method patent review (CBM), and ex parte reexaminations
  • Patent prosecution
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Kompetencje

Doświadczenie

  • In re Certain Electronic Devices, Including Wireless Communication Devices, Computers, Tablet Computers, Digital Media Players, and Cameras, 337-TA-952. Represented complainant in investigation involving smartphones, tablets, laptops. Case settled shortly after the hearing on violations.°
  • In re Certain Nonvolatile Memory Devices and Products Containing Same, 337-TA-909. Represented complainant regarding investigation involving nonvolatile memory products. Case settled two days before the Initial Determination was expected.°
  • In re Certain Flash Memory Chips and Products Containing Same, 337-TA-893. Represented respondents regarding investigation involving nonvolatile memory products.°
  • Represented manufacturer of ophthalmic lenses in patent dispute with a major competitor over patent related to progressive lenses.°
  • Represented both patent owners and petitioners in PTAB post-grant proceedings regarding email systems, cable TV communication systems, flash memory devices, mobile device technologies, networking technology, computer hardware, remotely configurable devices, seed sorting systems, ophthalmic lenses, and pharmaceutical compounds.°
  • Represented various companies in high-tech disputes before the U.S. Court of Appeals for the Federal Circuit.°
  • Represented seven different automotive manufacturers in patent infringement lawsuit in the Eastern District of Texas involving multiple patents. Obtained dismissal of two asserted patents for lack of standing and summary judgment of no infringement of the third patent. The dismissal was affirmed, and broadened on appeal to include all patents-in-suit.°
  • Represented a leading wireless telecommunications carrier in patent case involving wireless hotspots. Obtained dismissal for lack of standing, which was affirmed on appeal.°
  • Represented major mobile device designer and manufacturer in patent infringement lawsuit involving nine patents asserted against WCDMA and GSM technology.°
  • Lead draftsperson on a joint appellee’s brief to the Federal Circuit arguing for affirmance of the district court’s dismissal of over 100 foreign wireless telecommunications carriers for lack of personal jurisdiction. The brief was joined by 96 parties and the district court’s dismissal was affirmed.°
  • Represented major communications equipment designer and manufacturers in case pending in the District of Maryland in which his client obtained a grant of summary judgment of non-infringement.°
  • Represented foreign wireless carriers from Brazil, Germany, Belgium, and The Netherlands in obtaining dismissal for lack of personal jurisdiction in patent case over international text messaging brought in the District of Maryland.°
  • Represented major mobile device designer and manufacturer in patent litigation concerning certain phone keypads.°
  • Represented major mobile device designer and manufacturer in a six-patent case involving power management functionality, common bus architectures, and mappable I/O features.°
  • Represented major mobile device designer and manufacturer in a four-patent case involving a wide array of technologies related to 4G LTE technology, 802.11n technology, wireless hotspots, and map application functionality.°
  • Represented leading wireless telecommunications carrier in a two-patent case allegedly involving voicemail and MMS messaging.°
  • Represented leading wireless telecommunications carrier in a patent case involving 3G and 4G air cards.°
  • Represented leading telecommunications carrier in a seven-patent case allegedly involving DSL and dial-up modem technologies.°
  • Represented leading wireless telecommunications carrier in a six-patent case involving wireless lock technology. Case severed and stayed as to our client.°
  • Represented major communications equipment designer and manufacturers in a patent infringement lawsuit involving patents claimed to be essential to WCDMA and CDMA2000 technology.°
  • Served as lead counsel in a trial under the Federal Tort Claims Act that secured a pro bono client a judgment of over $900,000. Helped obtain a preliminary injunction against the United States Air Force, preventing the discharge of HIV-positive service members solely based on their diagnosis and litigated an Equal Protection case against the Departments of Defense, Army, and Air Force related to the service-limiting regulations limiting the service of such service members.°
  • Represented a Vietnam-era veteran in a matter before the Board of Veterans’ Appeals and Virginia regional office.°
  • Represented two victims of a mortgage fraud scheme in a case in Fairfax County Circuit Court in Virginia.°
  • Represented of an improperly evicted tenant in D.C. Landlord and Tenant Court.°
  • Represented an inmate and his family in pursuing injunctive relief against the State of Maryland for violating the Eighth Amendment of the U.S. Constitution.°
  • Represented an inmate on a habeas petition.°

°The above representations were handled by Mr. Sommer prior to his joining Greenberg Traurig, LLP.

  • Patent Examiner, U.S. Patent and Trademark Office (USPTO), 2001-2003

Sukcesy i wyróżnienia

  • IAM magazine, 2016-2018
    • Listed, “IAM Patent 1000: Patent Litigation, Washington, D.C.,” 2016-2019
    • Listed, “IAM Patent Strategy 300,” 2017-2019
    • Listed, “IAM Patent 1000, Post-Grant Proceedings at the USPTO,” 2016
  • Listed, Super Lawyers Magazine, “Washington D.C. Super Lawyers Rising Stars,” 2014-2019
  • Selected, Acritas Stars™ Independently Rated Lawyers, “Star Lawyers,” 2017-2019
  • Listed, Patexia, Top 50 PTAB Practitioners, 2017
  • Selected, Federal Bar Association, “Global Fellow,” 2016-2017
  • Selected, The National Law Journal, “D.C.’s Rising Stars,” 2014
  • Recipient, Washington Lawyer’s Committee, “Pro Bono Leadership Award,” 2014
  • Federal Circuit Bar Association,
    • Vice Chair, Veteran’s Pro Bono Committee, 2016-2017
    • Vice Chair, Patent Litigation Committees, 2018-2019
  • Board of Directors, Association of Former Law Clerks and Technical Advisors of the Court of Appeals for the Federal Circuit, 2010-2019

Kwalifikacje

Wykształcenie
  • J.D., magna cum laude, George Mason University School of Law
    • Production Editor and Associate Symposium Editor, George Mason Law Review
  • B.S., Optics, University of Rochester
Staże
  • Hon. Kimberly A. Moore, U.S. Court of Appeals for the Federal Circuit, 2006-2007
Posiadane uprawnienia
  • Virginia
  • District of Columbia
  • U.S. Patent and Trademark Office