Andrew M. Howard

Andrew M. Howard

Attorney Profile

Top Rated Intellectual Property Litigation Attorney in Dallas, TX

Howard & Spaniol, PLLC
 | JP Morgan Chase Tower, 5220 Spring Valley Road, Suite 530
Dallas, TX 75201-7965
Phone: 214-974-0585
Fax: 469-645-0166
Selected to Rising Stars: 2014 - 2019
Licensed Since: 2007
Practice Areas:
  • Intellectual Property Litigation (30%),
  • Business Litigation (50%),
  • Personal Injury - General: Plaintiff (20%)
Attorney Profile

Andrew Howard utilizes his technical background when practicing business, intellectual property, and personal injury litigation. His experience ranges from semiconductor litigation on behalf of sovereign educational institutions with claims in the hundreds of millions of dollars to that on behalf of families who have suffered at the hands of irresponsible third parties to defending wrongfully-accused businesses, in both large and boutique litigation firm environments. Mr. Howard brings that breadth of experience to bear for his clients in a cost-effective and technologically forward-leaning manner with the goal of early resolution.

 

About Andrew Howard

Admitted: 2007, Texas

Scholarly Lectures/Writings:

  • The Patent Trial and Appeal Board recently held that state universities are immune from inter partes review (IPR) proceedings (and presumably other patent office proceedings) due to sovereign immunity. This means that the validity patents owned by state institutions cannot be challenged at the patent office after issuance. This holding could increase the value of intellectual property from state institutions and be used as leverage in licensing negotiations. The session will include case studies of how this IPR immunity for public universities affects licensing negotiations or aids marketing efforts, Moderator, IPR Immunity for Public Universities: Leveraging in Licensing Negotiations, 2018
  • As with any new law, it will take some careful examination to determine just how DTSA can be applied optimally by university TTOs and other innovation-driven organizations. What is clear, however, is that trade secrets – now more than ever – must be considered an important element of your overall IP strategy. That’s why Technology Transfer Tactics has partnered with intellectual property attorney Andrew M. Howard of Shore, Chan, DePumpo, LLC, to present this timely webinar. Please join us on Wednesday for a detailed look at the new law’s provisions, and how your university can best apply DTSA to protect your valuable IP. Here’s a quick look at the agenda: Legislative history and purpose of the DTSA What is a “trade secret” under the DTSA? What constitutes “misappropriation” under the DTSA? Can you obtain a seizure of trade secrets, an injunction, and/or damages? How does the DTSA affect different university constituents, including faculty, students, technology transfer offices, incubated companies, and joint ventures/sponsors? What outreach and education is needed to ensure faculty and others involved in research commercialization don’t inadvertently weaken trade secret protection? How to protect trade secrets when key faculty and staff exit Differences between the DTSA and UTSA Procedural aspects of the DTSA Statute of Limitations, jurisdiction, and territorial reach, Speaker, Understanding and Applying the Defend Trade Secrets Act of 2016, 2016
  • Legal analysts predict the use of a sovereign immunity defense against inter partes patent challenges will become a reliable strategy for state universities and research institutions -- and recent cases appear to support that view. Having the option in their back pocket also opens up the potential for state universities to more easily market their IP to risk-averse licensees, as well as demand a premium when it comes to negotiating terms and royalties. The University of Florida has led the way by recently using the sovereign immunity defense to successfully end an inter partes challenge, and the University of Maryland soon followed with more to come. But as with most aspects of patent law, it’s not a simple proposition. Timing of your response, joint inventorship, IP ownership entity, and prior legal filings can all impact your defense, and one mistake can mean a waiver of sovereign immunity., Speaker, Sovereign Immunity as Inter Partes Defense: Legal Guidance and Analysis of Impact on Licensing, 2017

Industry Groups

  • Consumer Electronics
  • Oiland Gas
  • Semiconductor
  • Universities
Office Location for Andrew M. Howard

JP Morgan Chase Tower
5220 Spring Valley Road, Suite 530
Dallas, TX 75201-7965

Andrew M. Howard:

Last Updated: 5/10/2019

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