In the News

Managing IP Magazine Praises Haynes and Boone IP Practice, Lawyers as “Highly Recommended” 2014 IP Stars for Second Year in a Row

For two consecutive years, seven Haynes and Boone partners from three offices have been named IP Stars, and the Intellectual Property Practice Group has been voted to the top Texas tier in the IP Stars ranking by Managing Intellectual Property Magazine. >>



Recent Publications

Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice?

The America Invents Act (“AIA”) revamped the former Board of Patent Appeals and Interferences (“BPAI”) into the new Patent and Trademark Appeal Board (“PTAB”). >>



Andrew S. Ehmke

Partner

Dallas


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
T +1 214.651.5116
F +1 214.200.0808

Andrew S. Ehmke

Andy Ehmke focuses his practice on intellectual property issues facing companies in the software, computer, and mobile device industries. Prior to joining Haynes and Boone, Andy was an information systems manager and consultant, and also worked as a programmer designing object-oriented programs for hand-held computing devices.

Andy's experience includes:

  • Developing sophisticated patent inter partes review and covered business method review strategies for high profile technology companies.
  • Representing technology companies in patent portfolio development and intellectual property infringement matters.
  • Protecting and using intellectual property to establish a competitive position in the marketplace.
  • Providing comprehensive strategies for enforcing, defending and litigating intellectual property rights.
  • Preparing and negotiating technology, software, patent, and know-how licenses.

Speeches, Publications, and Honors

  • "Cyber Security: Protecting Client Confidential Information," Co-Presenter, 31st Annual Advanced Business Bankruptcy Course, Texas State Bar, Houston, TX, February 20, 2014.
  • "Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice," Journal of the Patent & Trademark Office Society, November 22, 2013.
  • Selected as an IP Star in the inaugural IP Stars ranking by Managing Intellectual Property Magazine, 2013.
  • "Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice?" co-author, Haynes and Boone White Paper, February 1, 2013.
  • Speaker, UT School of Law 25th Annual Technology Law Conference, "Five Top Takeaways of the America Invents Act for Technology and Business Lawyers," Austin, TX, May 24-25, 2012.
  • Author, "Intellectual Property Protection for the Cloud," April 9, 2012.
  • Co-Author, "Lipstick on a Pig—A Claim's Preamble Does Not Confer Patentability on an Otherwise Unpatentable Process," January 9, 2012.
  • Co-Author, "Qimonda's Impact on Patent Licenses When a Licensor Goes Bankrupt in a Foreign Land," January 9, 2012.
  • Co-Author, "Weathering the Storm: Qimonda, Patent Licenses and § 365(n)," November 8, 2011.
  • Quoted in, "The Story Behind S.978, the Controversial Streaming Bill," Giant Bomb News, July 15, 2011.
  • Quoted in, "PSN Hacked: What Sony's Security Breach Means for You (And What Comes Next)," Giant Bomb News, April 27, 2011.
  • Contributor, with Kendyl Hanks and Mark Trachtenberg, "Annual Review of Litigation, Chapter 3: Appellate Practice," American Bar Association, Section of Business Law, April 2011.
  • Speaker, 2011 Game::Business::Law International Summit on the Law of Business of Video Games, "Privacy: Problems and Solutions," Dallas, TX, January 26-27, 2011.
  • Editor of the video game law blog Lawyers in a Gamer's World (www.lawyersinagamersworld.com)
  • Moderator, 2010 Game::Business:Law, International Summit on the Law and Business of Video Games, "Legal Issues in Digital Distribution," March 16, 2010.
  • Co-Author, "Innovation Fee: Surcharge on U.S. Patent & Trademark Protection," February 5, 2010.
  • Selected for inclusion in Texas Super Lawyers - Rising Stars Edition (2004-2009).
  • Co-Author, "Update on Mandating Data Security," Privacy & Data Security Law Journal, December 2009.
  • Co-Author, "Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences," October 1, 2009.
  • Co-Author, "The Erosion of Licensor’s Rights," Bloomberg Law Reports, April 13, 2009.
  • Co-Author, "A Brand New Game: Video Game Patent Litigation Moves Beyond Base Technologies," whitepaper, January 15, 2009.
  • Co-Author, "Growing Legal Issues In The Video Game Industry," IP Law 360, November 26, 2008.
  • Co-Author, "Patent Process Claims Impacted by U.S. Court of Appeals for the Federal Circuit," November 12, 2008.
  • Co-Author, "Pro-IP Act Signed into Law," October 15, 2008.
  • Speaker, State Bar of Texas Annual Meeting – IP Section: "From the Contract to the Courtroom."
  • Speaker, University of Texas Technology Law Conference – "Best Practices in Hiring the Technology Employee: A Walk Through of Key Issues, Key Agreements, and Key Clauses," Austin, TX, May 22-23, 2008.
  • Speaker, Dallas Bar Association – Computer Law Section: "From the Contract to the Courtroom."
  • Speaker, Dallas Bar Association – Computer Law Section: "Patent vs. Copyright Damages."
  • Speaker, 2005 Internet & Internet Security Conference, "Internet Law Developments."
  • 2005, Guest lecturer at University of Texas at Arlington on contract law.
  • 2004 and 2003, Guest lecturer at University of Texas at Dallas on e-commerce law.
  • Speaker, 2004 Information & Internet Security Conference, "How to Draft an Effective Privacy Policy."
  • Speaker, 2003 Executive Logistics Forum, "Co-Marketing Agreements"
  • "Privacy Policies: Pssst… Everybody's Doin' It!" – Online Publication, June 5, 2002.
  • "Patents as Part of the Business Strategy" – Advanced Patent Law Institute 2001.

Selected Representative Experience


TimeGate Studios, Inc. v. SouthPeak Interactive, LLC, 860 F. Supp. 2d 350 (S.D. Tex. 2012)
Persuaded a federal district court to vacate a more than $9 million arbitration award entered against a video game developer under the Federal Arbitration Act because the award violated the essence of the publishing agreement that was the subject of the parties' dispute.

Successful Defense of Cendant and Avis in Copyright Case
Overcoming significant adverse rulings, Haynes and Boone lawyers won a copyright infringement lawsuit in which the plaintiff sought more than $90 million in damages from Cendant Corporation and Avis Holdings, stating that the Cendant and Avis had benefited from use of a software program he had created prior to beginning employment with the company. The court found that the plaintiff had actually created the program while working for the client, that no infringement took place and no damages would be awarded. (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).

Memberships

  • State Bar of Texas, Intellectual Property Law Section
  • American Bar Association
  • Dallas Bar Association

Online Publications

03/22/2013 - Federal Circuit Appeals From the PTAB: A New Game or Just the Same Old Practice?
The America Invents Act (“AIA”) revamped the former Board of Patent Appeals and Interferences (“BPAI”) into the new Patent and Trademark Appeal Board (“PTAB”).

05/01/2012 - Development Opportunities in the Cloud
Haynes and Boone is proud to have participated in "Development Opportunities in the Cloud," presented by the Metroplex Technology Business Council (MTBC) on April 19, 2012.

04/19/2012 - Intellectual Property Protection for the Cloud
Can someone get a patent on cloud technology?

01/09/2012 - Lipstick on a Pig - A Claim’s Preamble Does Not Confer Patentability on an Otherwise Unpatentable Process
In CyberSource v. Retail Decisions (decided August 16, 2011), the U.S. Court of Appeals for the Federal Circuit held that the claims in a software patent do not escape the patentability standards articulated in Bilski v. Kappos just by virtue of being drafted as so-called “Beauregard” claims.

01/09/2012 - The IP Beacon, January 2012
A Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.  

01/09/2012 - Qimonda's Impact on Patent Licenses When a Licensor Goes Bankrupt in a Foreign Land
Can a U.S. patent licensee whose license has been rejected by a licensor under foreign law in a foreign bankruptcy rely on the protections of § 365(n) of the U.S. Bankruptcy Code? On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion addressing this in the Chapter 15 case of Qimonda AG (“Qimonda”).

11/08/2011 - Weathering the Storm: Qimonda, Patent Licenses and § 365(n)
On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”). The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

02/05/2010 - Innovation Fee: Surcharge on U.S. Patent & Trademark Protection
The United States Patent and Trademark Office (PTO) announced that, as part of President Obama’s recently proposed budget for Fiscal Year (FY) 2011, the PTO’s budget would be $2.322 billion, a 23 percent increase over FY 2010.

12/01/2009 - Update on Mandating Data Security
A review the data security requirements of new laws in three states: Massachusetts, Nevada, and Connecticut.
Privacy & Data Security Law Journal, December 2009. Reprinted with permission.

10/02/2009 - The IP Beacon, October 2009
The IP Beacon is a quarterly newsletter prepared by the Haynes and Boone Intellectual Property Practice to inform clients and friends of trends and changes in intellectual property law.

10/01/2009 - Software Licenses: Permission vs. Forgiveness and the Law of Unintended Consequences
In a case that may prove to be as serendipitous for struggling software companies as anything else, the United States Court of Appeals for the Sixth Circuit wrote another chapter in the law of unintended consequences with its ruling in Cincom Systems, Inc. v. Novelis Corp. (published September 25, 2009 pursuant to Sixth Circuit Rule 206: File Name: 09a0346p.06).

09/21/2009 - Update On Mandating Data Security
Many states have enacted statutes imposing general obligations on companies to maintain “reasonable” security procedures and practices to protect the personal information of state residents from unauthorized access or use... This article explores a few specific developments in state law.

04/13/2009 - The Erosion of Licensor’s Rights
A license agreement traditionally has been thought of as a promise from an intellectual property owner not to sue the licensee for engaging in conduct that would otherwise violate the owner’s rights. A license agreement enables the licensor to generate revenue, while retaining ownership of the intellectual property.
© Bloomberg Finance L.P. 2009. Originally published by Bloomberg Law Reports. Reprinted by permission.

01/15/2009 - A Brand New Game: Video Game Patent Litigation Moves Beyond Base Technologies
As gamers clamor for cutting edge innovation, game and console developers continue to conquer new creative frontiers and in the process spend significant sums to advance their next great creation... Legal deathmatches are being waged over patents covering everything from console architectures to controller schemes to virtual world content.

Growing Legal Issues In The Video Game Industry
When you start playing games on your Nintendo Wii, your Microsoft Xbox 360 or even your computer, you might not realize the thorny legal and business issues behind the amazing graphics and the gripping musical score. Digital gaming is one of the world’s fastest growth industries — up 26 percent last year, even with the economic slowdown — and it is no surprise that where there is money, there are lawsuits.

11/12/2008 - Patent Process Claims Impacted by U.S. Court of Appeals for the Federal Circuit
The U.S. Court of Appeals for the Federal Circuit has issued a ruling in In re Bilski that modifies the test of whether a “process” qualifies as patentable subject matter.

10/15/2008 - Pro-IP Act Signed into Law
Yesterday the Prioritizing Resources and Organization for Intellectual Property Act of 2008 was signed into law.

Privacy Policies: Pssst… Everybody’s Doin’ It!

Patents as Part of the Business Strategy