Andrew H. Winetroub

/My focus

My practice focuses on intellectual property litigation and other high-stakes complex business disputes. These disputes often have major competitive implications, and strategic counsel is a must. I guide clients through each phase of a dispute, from the initial claim assessment all the way through trial. I work with clients to advance their business objectives and vigorously protect their interests.

TRADE SECRETS

I have litigated cases alleging trade secret misappropriation in a variety of contexts, including on behalf of alleged victims and accused companies. In one matter representing a trade secret plaintiff, I was on a trial team that obtained an $845 million jury verdict for our client. Representing defendants, I have successfully resolved cases at the pleading stage by securing the dismissal of baseless claims. My cases in this area have ranged from protecting a company’s “crown jewel” source code to defeating anti-competitive allegations stemming from employee mobility.

TRADEMARKS AND TRADE DRESS

I represent clients in high-stakes federal district court cases and strategically important enforcement actions before the Trademark Trial and Appeal Board (TTAB). My trademark litigation experience includes heavily contested, multi-year disputes to protect clients’ brands, as well as favorable resolutions at the earliest stages to achieve business goals. Exemplary client service requires trademark litigation attorneys to understand each client’s particular perspective on the optimal approach to dispute resolution. I advise my clients with those priorities in mind.

COPYRIGHTS

I have defended clients against allegations of copyright infringement and from claims asserted under the Digital Millennium Copyright Act. In this area, my clients have ranged from leading global video game companies to flagship public universities.

DATA PRIVACY LITIGATION 

In the rapidly evolving data privacy space, I have represented defendants in class action litigation on cutting-edge issues, including claims asserted under the California Consumer Privacy Act (CCPA). These cases are often fast-moving, complex, and involve highly sensitive information. The stakes for defendants are high and I pride myself on strategically guiding clients through each step of the litigation process. 

COMPLEX LITIGATION

I have represented clients in high profile commercial disputes in courts across the country, including recent litigation in the Delaware Court of Chancery in which billions of dollars were at issue.

/Representative experience

• Defended large healthcare systems in multiple putative class actions in California regarding alleged data privacy violations
• Represented high-profile investor in a leading technology company in multiple cases in Delaware stemming from critical investments
• Represented multiple major video game companies in both trademark and copyright cases relating to globally recognized games and brands
• Represented one of the world’s most well-known golf courses in trademark infringement, counterfeiting, and unfair competition dispute related to its iconic brand
• Represented luxury bed and mattress company in various actions to protect its distinctive and valuable IP in federal district courts and before the TTAB
• Defended a flagship state university against claims asserted under the Digital Millennium Copyright Act
• Represented a global leader in buy-now-pay-later services in matters before the TTAB
• Represented a leading engineering consulting firm in federal district court and private arbitration in cases concerning allegations of trade secret misappropriation
• Represent a leader in aviation market intelligence in litigation concerning trade secret and breach of contract allegations
• Represent The Regents of the University of California in a groundbreaking patent enforcement campaign to protect its rights in a revolutionary new generation of light bulb technology known as filament LED, invented by a Nobel laureate-led team at UC Santa Barbara; the campaign includes litigation before the U.S. International Trade Commission, the U.S. District Courts for the Central District of California and Eastern District of New York, and the Patent Trial and Appeal Board at the U.S. Patent and Trademark Office
• Member of a trial team that secured an $845 million judgment for a client following a jury trial on trade secret, computer data access and fraud, breach of contract, and fiduciary duty claims, involving leading players in the global semiconductor industry
• Defended national mortgage company in a trademark infringement action and secured favorable settlement
• Represented leading Northern California healthcare provider in both antitrust and commercial litigation
• Enforced contractual rights of venture capital firm in arbitration stemming from misrepresentations by portfolio company

Reported Cases

• Thompson v. Asimos, 6 Cal. App. 5th 970 (2016) (favorable decision on appeal of breach of contract and trademark infringement judgment)

Prior Experience

• United States Senate Foreign Relations Committee staff in Washington, DC

/Looking ahead

Intangible assets, including data, brand identity, and other IP, will continue to increase in value and importance for companies of all sizes. Protection of those assets will become a topline priority for businesses. Comprehensive IP protection will require robust efforts to identify and, when necessary, enforce companies’ intellectual property rights.

/Insights

• “A Diamond Scheme Is Forever Lost: The Kimberley Process’s Deteriorating Tripartite Structure and Its Consequences for the Scheme’s Survival,” 20 Ind. J. Of Global Legal Stud. 1425 (2013)