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Mayer Brown

1999 K STREET, NW, WASHINGTON, DC 20006-1101, USA
Tel:
Work +1 202 263 3000
Fax:
Fax +1 202 263 3300
Email:
Web:
www.mayerbrown.com

Andrew Pincus

Tel:
Work +1 202 263 3220
Email:
Mayer Brown

Work Department

Litigation

Position

Andrew Pincus focuses his appellate practice on briefing and arguing cases in the Supreme Court of the United States and in federal and state appellate courts, as well as on developing legal arguments in trial courts. Andy has argued 23 cases in the Supreme Court of the United States, four of them in the 2010 and 2011 Terms, including AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011). For his victory in Concepcion, Andy was named Litigator of the Week by the American Lawyer and Appellate Lawyer of the Week by The National Law Journal. Andy’s work in Concepcion and successful defense of Chicago Mayor Rahm Emanuel’s right to run for office were cited by the American Lawyer in its article naming Mayer Brown as one of the top six US litigation firms in the 2012 Litigation Department of the Year report. A former Assistant to the Solicitor General in the United States Department of Justice (1984-1988), Andy co-founded and serves as co-director of the Yale Law School's Supreme Court Advocacy Clinic (2006-present), which provides pro bono representation in 10-15 Supreme Court cases each year. According to Legal 500, Andy “is an ‘excellent Supreme Court oralist’” (2011) and “is cited by clients as ‘a total superstar’ who is ‘unbelievably smart,’ and who ‘objectively belongs on any list of leaders’” (2008). Chambers USA reports that Andy is “a superb lawyer who is involved in lots of influential cases” (2010) and “is commended for his ‘masterful performances’” before the Supreme Court (2009). Andy's appellate experience has also won him recognition in The Best Lawyers in America (2006-2012). Andy has filed briefs in more than 150 cases in the Supreme Court. His Supreme Court oral arguments are available here. A selection of his appellate briefs is available here. Andy also advises clients on legislative and regulatory matters. In 2011, Andy testified before Congressional committees regarding patent reform legislation, the new Consumer Financial Protection Bureau, and the Supreme Court’s decisions in cases involving businesses. Andy also successfully represented clients in connection with passage of the Private Securities Litigation Reform Act. While serving as General Counsel of the United States Department of Commerce (1997-2000), Andy had principal responsibility for the Digital Millennium Copyright Act and the Electronic Signatures in Global and National Commerce Act. He also participated in formulation of policy concerning intellectual property protection, privacy, domain name management, taxation of electronic commerce, export controls, international trade, and consumer protection. Before rejoining Mayer Brown, Andy served as General Counsel of Andersen Worldwide S.C. Following law school graduation, Andy was Law Clerk to the Honorable Harold H. Greene, United States District Court for the District of Columbia (1981-1982), after which he practiced with another major law firm in Washington. Andy is a contributor to Class Defense, the firm’s blog on key issues affecting class action law and policy.

Education

Yale University, BA, cum laude 1977 Columbia Law School, JD 1981 Notes & Comments Editor, Columbia Law Review James Kent Scholar; Harlan Fiske Stone Scholar


United States: Dispute resolution

Appellate

Within: Leading lawyers

Andrew Pincus - Mayer Brown

Within: Appellate

‘Gold standard advice’ attracts the most complex mandates at Mayer Brown’s ‘outstanding’ team of ‘superstars, who think beyond the case to see the big picture and plan for it’. The group houses ‘exceptional partners, whose high-octane brain power provides actionable solutions and competitive business advantage’. Andrew Pincus, whose ‘oral advocacy and strategic acumen are unsurpassed’, argued for the petitioner in Impression Products, Inc. v Lexmark International, Inc, the US Supreme Court patent infringement appeal; Paul Hughes was also part of the team, which secured a 7-1 victory. A team led by Pincus obtained another 7-1 judgment in the US Supreme Court in Kindred Nursing Centers Limited Partnership v Clark, also acting for the petitioner. Evan Tager ‘has a jeweler’s eye for legal issues, sees things that no one else does, and communicates them to courts as no one else can’. Both Brian Netter and Michael Kimberly ‘produce jaw-droppingly good work and are a joy to work with’. Charles Rothfeld is also recommended.

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United States: Intellectual property

Patent litigation: full coverage

Within: Patent litigation: full coverage

Mayer Brown focuses on the technology and life sciences sectors, flanked by expertise in the telecoms and consumer goods industries. Alan Grimaldi in Washington DC, New York’s Lisa Ferri and Gabriela Kennedy in Hong Kong direct the practice. In Washington DC, appellate expert Andrew Pincus led the successful representation of Impression Products in a much-publicised Supreme Court case regarding the patent owner’s right to post-sale product control. The team also acted as co-lead for plaintiffs Gilead Sciences and Emory University in Hatch-Waxman litigation against Mylan, involving patents on blockbuster HIV drug Truvada. Additionally, the group assisted LG Electronics with an international arbitration against Nokia regarding FRAND rates for patents on cellular standards. Other clients include Endo Pharmaceuticals, Google and Marvell Semiconductor. Joseph Mahoney in Chicago, John Mancini, Jamie Beaber and Colleen Tracy James in New York as well as Stephen Baskin in the Washington DC office, are the key contacts.

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