Andy Himebaugh is an associate who joined Irwin IP in October of 2020 after being a summer associate at the firm in the summer of 2019. Andy’s practice focuses primarily on post-grant proceedings with the Patent Trial and Appeal Board; patent and trademark litigation in U.S. Federal District Courts; appeal practice before the Court of Appeals for the Federal Circuit; and monetization of intellectual property.
Andy’s areas of scientific and technical expertise include genomics, biotechnology, pharmaceuticals, and software, most of which he learned about through opportunities for industry experience and employment prior to beginning his legal career. Since he began to study and practice law, Andy has become knowledgeable about medical devices, mechanical devices, toy and game technology, telecommunications, and industrial design.
Some of the matters on which Andy has worked (and his specific responsibilities) include:
Reuben Clark Law Society, Board Member in Charge of Membership
Illinois
Court of Appeals for the Federal Circuit
Northern District of Illinois
Western District of Texas (Pro Hac Vice)
Central District of California (Pro Hac Vice)
Andy worked as a summer associate and law clerk for Irwin IP prior to his graduation from Arizona State University’s Sandra Day O’Connor College of Law. While in school Andy served as President of the Intellectual Property Student Association, President of the J. Reuben Clark Law Society, and was distinguished as a Pedrick Scholar for academic excellence.
Andy supplemented his legal education with work experience as:
Prior to beginning law school, Andy earned his undergraduate degree in Bioinformatics from Brigham Young University in Provo, Utah and worked in Bioinformatics and Variant Classification Science at the Center for Genomic Interpretation in Salt Lake City, Utah.
Presented an educational seminar on intellectual property considerations to inventors, companies, and other toy and game industry professionals at the 2022 People of Play Conference in Chicago, Illinois.
Regularly teach a Spanish-language class on intellectual property to the cohort of Sunshine Enterprises composed of Latin entrepreneurs in the Chicagoland area and nearby Midwest.
Sandra Day O’Connor College of Law at Arizona State University, J.D. 2020
Brigham Young University,
B.S. in Bioinformatics, Minor in Philosophy 2016
English (native or bilingual proficiency)
Spanish (native or bilingual proficiency)
Challenging The Design Patent Obviousness Test: LKQ v. GM En Banc Oral Argument, LKQ Corporation, Keystone Automotive v. GM Global Technology Operations LLC
Illini Win to Fight Another Day for Disavowed Chief Illiniwek , The Board of Trustees of the University of Illinois v. Vintage Brand LLC and Sportswear Inc. d/b/a Prep Sport
Olé! CAFC Rules Patent Bullfight Must Go On , Inguran, LLC, et al v. ABS Global, Inc., et al (Fed. Circ. July 5, 2023)
Sanctions for Attorney Misconduct at a Dep: Fact or Fiction? , James Corey Goode, et al v. Roger Richards Ramsaur, et al, (D. Col. 2023)
CAFC Holds Priority Favors True Trailblazers, Not Maze-Like Paths Through a Forest of Prior Applications, Regents of the University of Minnesota v. Gilead Sciences, Inc., (Federal Circuit 2023)
CAFC Refuses to Crack Open Summary Judgment of Invalidity for Non-Joinder in Bottle Patent Appeal, Plastipak Packaging, Inc., v. Premium Waters, Inc. (Federal Circuit 2022)
CAFC Trims the Fat from Meat Slicer Patent Dispute: Additional Evidence on Reply Was Permissible in IPR, Provisur Technologies, Inc. v. Weber, Inc. (Federal Circuit 2022)
CAFC Pours One Out for Lehman Brothers, Tiger Lily Ventures LTD. v. Barclays Capital Inc., et al (Federal Circuit 2022)
District Court Split on Pleading Standards to be Resolved?, Sonos, Inc. v. Google LLC, 2022 WL 799367 (N.D. Cal. Mar. 16, 2022)
Sales Quote Invalidates Patent, Larry G. Junker v. Medical Components, Inc., et al. (Fed. Cir. 2021)
CAFC Balances the Patent Infringement Pleading Burden, Bot M8 LLC v. Sony Corp. of Am., 4 F.4th 1342 (Fed. Cir. 2021)
Coming Back for Seconds, Campbell Soup Co. v. Gamon Plus, Inc., 2020-2344, 2021-1019 (CAFC, Aug. 19, 2021)
When “Shall” Does Not Do, Omni MedSci, Inc. v. Apple Inc., No. 2020-1715 (Fed. Cir. August 2, 2021)
Out of Sequence, Pacific Biosci. v. Oxford Nanopore, No. 2020-2155 (Fed. Cir. May 11, 2021)
Snap Judgment? Federal Circuit upholds motion to dismiss based on 35 U.S.C. § 101 Invalidity, YANBIN YU, ZHONGXUAN ZHANG v. APPLE INC., (CAFC, 06/11/2021)
Trumped Up Kicks: Nike Patent Claim Once Again Invalidated by PTAB Despite CAFC Remand, Adidas AG v. Nike, inc., IPR2013-00067 (PTAB, Mar. 1, 2021)
Retweeting Sanity: Federal Circuit Holds that PTAB Properly Considered Reply Evidence of Prior Art Status, VidStream LLC v. Twitter, Inc., No. 2019-1734, (Fed. Cir. Nov. 25, 2020)
Nearly Nixed by a “So Called Index”: Microsoft Narrowly Avoids Defeat After PTAB Throws Out Prior Art, Microsoft Corporation et al. v. Uniloc 2017 LLC, (IPR2019-01116)
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