Andrew Radsch

Andrew Radsch has been a dedicated intellectual property litigator since beginning his career at Ropes & Gray in 2006.

"These are still things I love about my practice: I get to be a student and learn new technology and relay that information to a lay audience in a creative way," Radsch said.

He represents plaintiff and defense clients in complex patent and trade secret disputes in federal courts across the country, at the Patent Trial & Appeal Board and at the International Trade Commission.

Throughout his career, Radsch has represented a global leader in cybersecurity, navigating them through intricate multi-patent disputes. In one notable case, he said he challenged the infringement action against a patent holder who had a history of successful assertions against major tech companies.

Despite the challenges posed by the age of the patents and the patent owner's previous claim scope positions, Radsch managed to secure a stay in the district court litigation after successfully instituting IPRs on the majority of the asserted patents. This strategic move led to the invalidation of nearly every asserted claim, significantly weakening the opposition's case. The decisions from the PTAB are currently under appeal.

In another significant case, Radsch's client faced a lawsuit involving over a dozen patents in a fast-paced legal venue. Radsch filed IPRs on every claim of every patent before the court could even schedule a conference. This proactive approach enabled his client to obtain a stay of litigation and resulted in the cancellation of more than 120 claims, with those decisions also on appeal.

"In another case, our client was sued on over a dozen patents in a notoriously fast venue. We had to race to file IPRs, which we did on every claim of every patent, before the court held a scheduling conference -- which enabled our client to be able to secure a stay of litigation," he said. "We secured cancellation of more than 120 claims. Those decisions are on appeal."

On behalf of client IP Bridge, Radsch served as lead counsel in a bench trial in the Western District of Texas in a case related to DRAM technology.

"The court ultimately adopted all of our proposed findings of fact and conclusions of law, which was a resounding victory for our client," he said. "That was a particularly important to our client because the questions involved issues of contract interpretation that had a profound impact on its business."

And looking at trends, Radsch has noticed the growing use of judgment preservation insurance," Radsch said. "This can have a profound impact on how, when, and whether cases settle. Together with the use of litigation finance, this relatively new and evolving tool can help di-risk enforcement by rights holders and create opportunities to monetize IP that might not otherwise be available. At the same time, these tools can cause or contribute to rights holders valuing their claims in a way that may not be closely tethered to the merits."