Andrew C. Byrnes

Andrew Byrnes is a partner in the Silicon Valley office and a member of the firm's Public Service Committee.  He has represented a variety of emerging and established companies, including technology companies in the software, semiconductor, telecommunications and Internet sectors, in patent and complex commercial disputes, and in intellectual property transactions. 

In addition, Mr. Byrnes is Co-Chair of the Finance Committee of the California Democratic Party, and has served as the Chair of the San Mateo County (California) Democratic Party.  His expertise in election and political law includes California state and federal rules governing campaign finance and other political activity.

Representative Matters

Intellectual Property

• Fortinet, Inc. v. Trend Micro Incorporated, CV 08-05371 MMC (N.D. Cal.), 1-09-CV149262 (Santa Clara Sup. Ct., Cal.), CV 10-00048 MMC (N.D. Cal.).  Represents Trend Micro in patent and breach of contract litigation concerning anti-virus technology.
• PhatRat Technology, LLC v. Apple Computer, Inc., 06-CV-02122-REB (D. Colo.); and PhatRat Technology LLC v. Apple Inc. et al., 07-CV-00238-REB (D. Colo.).  Represented Apple in these patent infringement cases involving technology for monitoring athletic performance.
• Overture Services, Inc. v. Google, Inc., C 02-01991 JSW (N.D. Cal.); and Overture Services, Inc. v. FindWhat.com, Inc., SACV 03-00685 CJC (C.D. Cal.).  Represented Overture in these patent infringement cases involving sponsored search advertising on the Internet.
• Symantec Corporation and PowerQuest Corporation v. Altiris, Inc., 2-04CV-161DF (E.D. Tex.).  Represented Symantec and PowerQuest in this patent infringement case involving technology for computer and network administration.
• Altiris, Inc. v. Symantec Corporation, 2:99CV-1007ST (C.D. Utah).  Represented Symantec Corporation in this patent infringement case involving technology for remotely controlling the boot process of a computer.

• Atmel Corporation v. Silicon Storage Technology, Inc., C96-00039 SC (N.D. Cal.). Represented Atmel in this patent infringement action.  The patents relate to circuits and memory cell designs for flash memory and EEPROMs.  Jury trial resulted in judgment of more than $36 million in Atmel’s favor.
• Atmel Corporation v. Macronix America, C97-02920 DLJ (N.D. Cal.).  Represented Atmel in this patent infringement action.  The patents relate to circuits and fabrication processes for flash memory and EEPROMs.
• In the Matter of Certain EPROM, EEPROM, Flash Memory, etc., Investigation No. 337-TA-395 (International Trade Commission).  Represented Atmel as complainant in an unfair trade practice claim relating to patents on EEPROM and Flash circuits and memory cell designs.  The respondents are Sanyo, Macronix, and Winbond.  After trial, Atmel obtained an exclusion order, affirmed on appeal, prohibiting the importation into the United States of infringing chips and circuit boards containing the same.
• Altera Corporation v. Xilinx, Inc., C-00-20593 JF (N.D. Cal.).  Represented Altera in patent infringement litigation regarding three patents covering various aspects of field programmable logic device technology.
• Pavilion Technologies, Inc. v. Computer Associates International, Inc., No. A-01CA-507-SS (W.D. Tex.).  Represented Computer Associates International, Inc. in a patent case involving artificial intelligence technology.

• Counsel, Chris Kelly for Attorney General 2010 (California)

Memberships and Affiliations

• State Bar of California
• American Bar Association
• American Constitution Society
• Full Circle Fund, Environment/Energy Circle Member
• Commonweal Institute, Member of the Board of Directors

Publications and Speeches

• "Political Law Update," Covington Report (5/11/2009), Co-Author