Andrew Perito is a trial lawyer for Morrison Foerster, focusing on intellectual property litigation.
Andrew has significant experience representing clients in patent infringement actions and related Patent Office proceedings, including day-to-day management of cases from inception through trial and appeal. His cases have spanned a variety of technical areas, such as genomics research tools, medical devices, high-speed printing, web security and encryption, database programming and interface design, web search and advertising, ecommerce, audio, video, and mobile telecommunications, and optical routing. In one competitor case, Andrew led summary judgment arguments over multiple days that resulted in summary judgment of invalidity due to anticipation or obviousness of all asserted claims--more than forty claims across four medical device patents.
Andrew has also handled intellectual property disputes involving trade secret, trademark, copyright, and employee mobility issues, including internal investigations, arbitration, and litigation. And he has represented defendants in multiple actions under California’s Labor Code Private Attorneys General Act, including at multi-week evidentiary hearings and trials in which he handled direct and cross examinations of dozens of witnesses and multiple technical experts.
Experience
(Western District of New York). Represents a workplace and print technology company in successfully defending against a 20-patent action involving over 70 accused printers and print management software. Won summary judgment of invalidity or noninfringement of all remaining asserted claims. Appeal pending.
(Eastern District of Texas). Represented as lead counsel a workplace and print technology company in defending against a 6-patent action involving digital imaging patents. Case resolved favorably on the eve of an evidentiary hearing on defendant’s motion to dismiss or transfer.
(District of Delaware). Represented 10x in competitor action asserting patents related to single-cell sequencing technology. Case resolved favorably in the week before trial, pursuant to a global settlement agreement.
(Central District of California). Represented Invasix and InMode in competitor action regarding cosmetic medical device patents. Won summary judgment of invalidity due to anticipation or obviousness of all asserted claims.
(Central District of California). Represented DTS in asserting claims of trademark, copyright, and trade secret violations in connection with a breach of a license agreement lawsuit. Case settled favorably weeks before trial.
(Eastern District of Texas). Represented Amazon and Yahoo! in defending patent infringement litigation concerning interactive web technology. Won verdict of invalidity of all asserted claims. Affirmed on appeal.