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AndrewHimebaugh

Associate
Chicago

O 312.998.4247

M 312.502.6619

AndrewHimebaugh

Associate

Andy is an associate in the firm’s Intellectual Property & Technology Litigation group and a member of the Business Litigation group, focusing on litigation, dispute resolution, IP monetization and overall strategy. He offers tailored advocacy and advice to address clients’ intellectual property and technology needs, including enforcement of patents, trademarks and copyrights, or to defend against such claims in various industries, including automotive technology and design; telecommunications and Internet of Things; software; consumer products; smokeless nicotine delivery devices; medical and mortuary devices; casino and online wagering; toys and gaming; and intermodal shipping services.

Andy has practiced as counsel of record before various courts and tribunals, including U.S. District Courts for the Northern District of Illinois, Central District of California, Western District of Texas and the Court of Appeals for the Federal Circuit, including the en banc court. In these matters, he has frequently authored and signed pleadings and briefs, drafted dispositive, procedural and evidentiary motions; conducted witness depositions; prepared for and participated in hearing and trial proceedings; and performed extensive legal research. Andy also has robust experience with post-grant proceedings before the Patent Trial and Appeal Board as well as experience with other administrative bodies such as the International Trade Commission.

Recognized in Best Lawyers Ones to Watch 2027

Focus Areas

Examples of Andy’s experience include:

  • Part of a team that represented a Fortune 500 supplier of aftermarket automotive parts in multiple simultaneous post-grant proceedings before the Patent Trial and Appeal Board seeking unpatentability of challenged patents.
  • Part of a team that represented a Fortune 500 supplier of aftermarket automotive parts in appealing adverse Patent Trial and Appeal Board results to the Court of Appeals for the Federal Circuit including a successful petition for reconsideration by the Court of Appeals for the Federal Circuit En Banc and achieving a final decision with a major change to substantive patent law.
    • First en banc petition for a patent case granted in over 7 years (15 years for design patents).
    • Successfully advocated for the court to overturn decades-old, rigid validity test in favor of a flexible approach, securing one of the most impactful changes to patent law in modern jurisprudence.
  • Part of a team that defended a Fortune 500 supplier of aftermarket automotive parts in hostile design patent enforcement proceedings before the International Trade Commission.
  • Part of a team that defended multiple international and domestic distributors of electronic nicotine delivery systems in hostile patent enforcement proceedings before the International Trade Commission. Prepared for and participated in trial proceedings both remotely and in-person.
  • Part of teams that represented a Fortune 500 supplier of aftermarket auto parts in defensive design patent litigation seeking declaratory judgment against several different defendant patent owners in the Northern District of Illinois and the Central District of California.
  • Part of a team that represented a Fortune 500 automotive diagnostic company in defensive utility patent litigation in the Western District of Texas.
  • Part of a team that represented a provider of international intermodal shipping services in a defensive trademark litigation in the Eastern District of Pennsylvania.
  • Represented several independent entrepreneurs, inventors, artists, and other creatives in managing and enforcing their intellectual property allowing them to receive fair compensation for their creations and free operation of their businesses.
  • Co-presented on intellectual property considerations to inventors, companies and toy/game industry professionals, People of Play Conference, Chicago, Illinois, 2023, 2024.
  • Co-presented on intellectual property to creatives, inventors, and entrepreneurs and PopCon Indy in Indianapolis, Indiana, 2024.
  • Included in the 2026 and 2027 editions of Best Lawyers: Ones to Watch® in America for Intellectual Property Law, Litigation-Intellectual Property, Litigation-Patent, and Patent Law

Professional Associations

  • J. Reuben Clark Law Society, Chicago Chapter Board Chair, 2022-present

Community Activities

  • Spanish-language co-teaching of a class on intellectual property, Sunshine Enterprises, Chicagoland/nearby Midwest areas

Education

  • Sandra Day O'Connor College of Law, Arizona State University, J.D., 2020
  • Brigham Young University, B.S., 2016,
    with honors
    ,

    Bioinformatics

Bar Admissions

  • Illinois

Court Admissions

  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Northern District of Illinois

Languages

  • Spanish