Andrea Cheek represents clients in all areas of intellectual property law, with an emphasis on patent litigation involving Abbreviated New Drug Applications under the Hatch-Waxman Act.
Andrea earned her law degree from the University of Virginia School of Law, where she served as an Article Editor for the Virginia Journal of Law and Technology. She also earned a Bachelor of Science degree in chemistry from the College of William and Mary.
Andrea joined the firm in 2010.
From 2015 to 2016, Andrea served as a judicial law clerk for the Honorable Kara F. Stoll of the United States Court of Appeals for the Federal Circuit.
University of Virginia School of Law (J.D., 2010)
College of William and Mary (B.S. Chemistry, 2007), magna cum laude
Strikeforce Technologies, Inc. v. SecureAuth Corporation (C.D. Cal. 2017)
Represented SecureAuth in a patent litigation suit involving three patents asserted against SecureAuth. Obtained a dismissal with prejudice that invalidated all 43 asserted claims in StrikeForce’s three asserted patents.
Awards & Honors
- Ranked amongst Top 100 Most Active ANDA Attorneys Representing Defendants by Patexia Insight's 2021 ANDA Litigation Intelligence Report
- Named to the Best Lawyers: Ones to Watch guide, which “recognizes lawyers who are earlier in their careers for their outstanding professional excellence in private practice” for Patent Litigation (2022 - 2023)
- NCAA Rules Limiting Education-Related Benefits Violate Antitrust Laws
- Dismissal on Procedural Grounds May Bar Claims for Later Infringement Under Res Judicata
- Constitutional Issues Arising From PTAB Decisions Must Be Appealed to the Federal Circuit
- Post-Investigation Invalidity Challenge Is Not a Changed Condition Permitting Rescission of an ITC Exclusion Order
- Litigants Face a High Hurdle When Seeking Fees for Unadjudicated Claims
- Remands Under Arthrex Limited to Final Written Decisions Issued Prior to Arthrex
- Stay of District Court Proceedings Followed by a Voluntary Dismissal Is Not a Final Court Decision Under 35 U.S.C. § 285
- Stated Purpose of Invention May Limit Claim Scope
- Inducing Delay: When a Court Can Deviate From the First-To-File Rule
- Disclaimer Not Required for Prosecution History to Limit Claim Scope
- PTAB Cannot Institute IPR on PTAB-Created Grounds
- Presumption of Nexus for Secondary Considerations Is Improper When a Commercial Product Includes Unclaimed but Functionally Relevant Features
- Single-Entity Requirement for Infringement Under § 271(a) Does Not Apply to § 271(g)
- Avoiding Ineligibility by Claiming a Specific Implementation That Improves upon the Prior Art
- Failure of ITC to Follow Its Own Rules May Constitute Harmless Error
- Disclaimed Patent Claims Fail to Give Rise to an Article III Case or Controversy
- IPRs of Pre-AIA Patents Are Not Unconstitutional Takings
- Patent Claims Reordering Conventional Steps May Be Ineligible Under § 101
- Federal Circuit Clarifies Appellate Jurisdiction to Review Attorney Fees Awards
- Rule 19 Joinder Provisions Are Not Optional
- E.I. DU PONT DE NEMOURS & COMPANY V. UNIFRAX I LLC
- CENTRAK, INC. v. SONITOR TECHNOLOGIES, INC.
- PERSONAL WEB TECHNOLOGIES, LLC v. APPLE, INC.
- REALTIME DATA, LLC. V. IANCU
- MAXCHIEF INVESTMENTS LIMITED V. WOK & PAN, IND., INC.
- WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE, INC.
- ARISTA NETWORKS, INC. v. CISCO SYSTEMS, INC.
- BENNETT REGULATOR GUARDS, INC. v. ATLANTA GAS LIGHT COMPANY
- PARKERVISION, INC. v. QUALCOMM INCORPORATED
- LUMINARA WORLDWIDE, LLC v. IANCU
- CORE WIRELESS LICENSING v. APPLE INC.
- IN RE: POWER INTEGRATIONS, INC.
- CLICK-TO-CALL TECHNOLOGIES, LP v. INGENIO, INC., YELLOWPAGES.COM, LLC
- BIODELIVERY SCIENCES INTL., INC. v. AQUESTIVE THERAPEUTICS, INC. Federal Circuit Summary, Jul 31, 2018)
- SIRONA DENTAL SYSTEMS GMBH v. INSTITUT STRAUMANN AG (Federal Circuit Summary, Jun 19, 2018)
- ERICSSON INC. v. INTELLECTUAL VENTURES I LLC. (Federal Circuit Summary, May 30, 2018)
- EXMARK MANUFACTURING COMPANY v. BRIGGS & STRATTON POWER (Federal Circuit Summary, Jan 12, 2018)
- MONSANTO TECHNOLOGY LLC v. E.I. DUPONT DE NEMOURS (Federal Circuit Summary, Jan 5, 2018)
- ARCTIC CAT INC. v. BOMBARDIER RECREATIONAL PRODUCTS INC. (Federal Circuit Summary, Dec 8, 2017)