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Andrei
Harasymiak

Of Counsel, Litigation

aharasymiak@cravath.com
  • New York+1-212-474-1176
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Andrei Harasymiak focuses on intellectual property litigation.

Mr. Harasymiak’s clients have included IBM, GlaxoSmithKline, Qualcomm, Xerox, NCR, Alarm.com, Amgen and Abiomed.

A representative list of Mr. Harasymiak’s matters includes:

Intellectual Property Litigation

  • Abiomed, Inc. v. Maquet Cardiovascular LLC and Maquet Cardiovascular LLC v. Abiomed, Inc.:  Representing Abiomed in two patent infringement actions relating to heart pumps;
  • In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof: Represented Qualcomm in an International Trade Commission investigation relating to mobile devices;
  • AbbVie, Inc. v. Amgen, Inc.: Represented Amgen in a patent infringement action under the Biologics Price Competition and Innovation Act relating to a biosimilar medication;
  • Vivint, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to remote monitoring and control of equipment, including petitions for inter partes review of the asserted patents;
  • ParkerVision, Inc. v. Qualcomm Incorporated: Represented Qualcomm in a patent infringement action relating to downconversion of RF signals to baseband in wireless communication devices;
  • iControl Networks, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to home security and automation systems;
  • Xerox Corporation v. Google Inc.: Represented Xerox in a patent infringement action relating to semantic text analysis and web advertising;
  • SmithKline Beecham Corporation d/b/a GlaxoSmithKline v. Barr Pharmaceuticals, Inc.: Represented GSK in a Hatch‑Waxman patent infringement action relating to Avodart, a drug for benign prostate hypertrophy;
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in post‑trial proceedings in a patent infringement action relating to mobile device chips and technology;
  • In re ‘845 Patent Litigation and Glaxo Group Ltd. d/b/a GlaxoSmithKline v. Spectrum Pharmaceuticals Inc.: Represented GSK in Hatch‑Waxman patent infringement actions relating to Imitrex, an anti‑migraine drug;
  • Compuware Corporation v. International Business Machines Corporation and International Business Machines Corporation v. Compuware Corporation: Represented IBM in copyright and patent infringement actions relating to mainframe computer software; and
  • In re Papst Licensing, GmbH Patent Litigation: Represented IBM in a patent infringement action relating to hard disk drive motor technology.

Other Matters

  • Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V.:  Represented Spirits International in an action relating to ownership of vodka trademarks;
  • United States of America v. NCR Corporation et al. and Georgia‑Pacific Consumer Products, LP v. NCR Corporation: Represented NCR in CERCLA actions involving remediation of PCBs in the Fox River in Wisconsin and the Kalamazoo River in Michigan;
  • Represented Qualcomm in an investigation into patent licensing agreements initiated by the National Development and Reform Commission of the People’s Republic of China;
  • QSGI Inc. v. IBM Global Financing: Represented IBM in an antitrust case involving mainframe computers; and
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in a California state court action alleging unfair competition, breach of contract and fraud.

Mr. Harasymiak was born in New York City. He received an A.B. magna cum laude from Harvard College in 1987 and a J.D. cum laude from Harvard Law School in 1994. Mr. Harasymiak joined Cravath in 1994 and was named of counsel in 2021. He is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York and before the U.S. Court of Appeals for the Federal Circuit.

A representative list of Mr. Harasymiak’s matters includes:

Intellectual Property Litigation

  • Abiomed, Inc. v. Maquet Cardiovascular LLC and Maquet Cardiovascular LLC v. Abiomed, Inc.:  Representing Abiomed in two patent infringement actions relating to heart pumps;
  • In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof: Represented Qualcomm in an International Trade Commission investigation relating to mobile devices;
  • AbbVie, Inc. v. Amgen, Inc.: Represented Amgen in a patent infringement action under the Biologics Price Competition and Innovation Act relating to a biosimilar medication;
  • Vivint, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to remote monitoring and control of equipment, including petitions for inter partes review of the asserted patents;
  • ParkerVision, Inc. v. Qualcomm Incorporated: Represented Qualcomm in a patent infringement action relating to downconversion of RF signals to baseband in wireless communication devices;
  • iControl Networks, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to home security and automation systems;
  • Xerox Corporation v. Google Inc.: Represented Xerox in a patent infringement action relating to semantic text analysis and web advertising;
  • SmithKline Beecham Corporation d/b/a GlaxoSmithKline v. Barr Pharmaceuticals, Inc.: Represented GSK in a Hatch‑Waxman patent infringement action relating to Avodart, a drug for benign prostate hypertrophy;
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in post‑trial proceedings in a patent infringement action relating to mobile device chips and technology;
  • In re ‘845 Patent Litigation and Glaxo Group Ltd. d/b/a GlaxoSmithKline v. Spectrum Pharmaceuticals Inc.: Represented GSK in Hatch‑Waxman patent infringement actions relating to Imitrex, an anti‑migraine drug;
  • Compuware Corporation v. International Business Machines Corporation and International Business Machines Corporation v. Compuware Corporation: Represented IBM in copyright and patent infringement actions relating to mainframe computer software; and
  • In re Papst Licensing, GmbH Patent Litigation: Represented IBM in a patent infringement action relating to hard disk drive motor technology.

Other Matters

  • Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V.:  Represented Spirits International in an action relating to ownership of vodka trademarks;
  • United States of America v. NCR Corporation et al. and Georgia‑Pacific Consumer Products, LP v. NCR Corporation: Represented NCR in CERCLA actions involving remediation of PCBs in the Fox River in Wisconsin and the Kalamazoo River in Michigan;
  • Represented Qualcomm in an investigation into patent licensing agreements initiated by the National Development and Reform Commission of the People’s Republic of China;
  • QSGI Inc. v. IBM Global Financing: Represented IBM in an antitrust case involving mainframe computers; and
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in a California state court action alleging unfair competition, breach of contract and fraud.

Mr. Harasymiak was born in New York City. He received an A.B. magna cum laude from Harvard College in 1987 and a J.D. cum laude from Harvard Law School in 1994. Mr. Harasymiak joined Cravath in 1994 and was named of counsel in 2021. He is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York and before the U.S. Court of Appeals for the Federal Circuit.

Education

  • J.D., 1994, Harvard Law School
    cum laude
  • A.B., 1987, Harvard College
    magna cum laude

Admitted In

  • New York

Professional Affiliations

American Bar Association

Organizations

Ukrainian Institute of America

  • Board of Directors

Ukrainian Studies Fund, Inc.

  • Board of Directors

Deals & Cases

October 17, 2024

ADT Wins Appeal Affirming PTAB Decision Invalidating Patent Claims

On October 15, 2024, the United States Court of Appeals for the Federal Circuit affirmed an inter partes review (“IPR”) decision by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client ADT Inc., invalidating all claims of a patent at issue in litigation brought by Vivint, Inc.

Deals & Cases

October 09, 2023

Abiomed Defeats Motion to Dismiss Lawsuit Over Misappropriated Trade Secrets

On September 22, 2023, the U.S. District Court for the District of Massachusetts ruled in favor of Cravath clients Abiomed, Inc. and Abiomed Europe GmbH (together, “Abiomed”), denying a motion to dismiss litigation brought by Abiomed against German defendants Enmodes GmbH and its CEO Tim Kaufmann.

Andrei Harasymiak focuses on intellectual property litigation.

Mr. Harasymiak’s clients have included IBM, GlaxoSmithKline, Qualcomm, Xerox, NCR, Alarm.com, Amgen and Abiomed.

A representative list of Mr. Harasymiak’s matters includes:

Intellectual Property Litigation

  • Abiomed, Inc. v. Maquet Cardiovascular LLC and Maquet Cardiovascular LLC v. Abiomed, Inc.:  Representing Abiomed in two patent infringement actions relating to heart pumps;
  • In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof: Represented Qualcomm in an International Trade Commission investigation relating to mobile devices;
  • AbbVie, Inc. v. Amgen, Inc.: Represented Amgen in a patent infringement action under the Biologics Price Competition and Innovation Act relating to a biosimilar medication;
  • Vivint, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to remote monitoring and control of equipment, including petitions for inter partes review of the asserted patents;
  • ParkerVision, Inc. v. Qualcomm Incorporated: Represented Qualcomm in a patent infringement action relating to downconversion of RF signals to baseband in wireless communication devices;
  • iControl Networks, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to home security and automation systems;
  • Xerox Corporation v. Google Inc.: Represented Xerox in a patent infringement action relating to semantic text analysis and web advertising;
  • SmithKline Beecham Corporation d/b/a GlaxoSmithKline v. Barr Pharmaceuticals, Inc.: Represented GSK in a Hatch‑Waxman patent infringement action relating to Avodart, a drug for benign prostate hypertrophy;
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in post‑trial proceedings in a patent infringement action relating to mobile device chips and technology;
  • In re ‘845 Patent Litigation and Glaxo Group Ltd. d/b/a GlaxoSmithKline v. Spectrum Pharmaceuticals Inc.: Represented GSK in Hatch‑Waxman patent infringement actions relating to Imitrex, an anti‑migraine drug;
  • Compuware Corporation v. International Business Machines Corporation and International Business Machines Corporation v. Compuware Corporation: Represented IBM in copyright and patent infringement actions relating to mainframe computer software; and
  • In re Papst Licensing, GmbH Patent Litigation: Represented IBM in a patent infringement action relating to hard disk drive motor technology.

Other Matters

  • Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V.:  Represented Spirits International in an action relating to ownership of vodka trademarks;
  • United States of America v. NCR Corporation et al. and Georgia‑Pacific Consumer Products, LP v. NCR Corporation: Represented NCR in CERCLA actions involving remediation of PCBs in the Fox River in Wisconsin and the Kalamazoo River in Michigan;
  • Represented Qualcomm in an investigation into patent licensing agreements initiated by the National Development and Reform Commission of the People’s Republic of China;
  • QSGI Inc. v. IBM Global Financing: Represented IBM in an antitrust case involving mainframe computers; and
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in a California state court action alleging unfair competition, breach of contract and fraud.

Mr. Harasymiak was born in New York City. He received an A.B. magna cum laude from Harvard College in 1987 and a J.D. cum laude from Harvard Law School in 1994. Mr. Harasymiak joined Cravath in 1994 and was named of counsel in 2021. He is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York and before the U.S. Court of Appeals for the Federal Circuit.

A representative list of Mr. Harasymiak’s matters includes:

Intellectual Property Litigation

  • Abiomed, Inc. v. Maquet Cardiovascular LLC and Maquet Cardiovascular LLC v. Abiomed, Inc.:  Representing Abiomed in two patent infringement actions relating to heart pumps;
  • In the Matter of Certain Mobile Electronic Devices and Radio Frequency and Processing Components Thereof: Represented Qualcomm in an International Trade Commission investigation relating to mobile devices;
  • AbbVie, Inc. v. Amgen, Inc.: Represented Amgen in a patent infringement action under the Biologics Price Competition and Innovation Act relating to a biosimilar medication;
  • Vivint, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to remote monitoring and control of equipment, including petitions for inter partes review of the asserted patents;
  • ParkerVision, Inc. v. Qualcomm Incorporated: Represented Qualcomm in a patent infringement action relating to downconversion of RF signals to baseband in wireless communication devices;
  • iControl Networks, Inc. v. Alarm.com Inc.: Represented Alarm.com in a patent infringement action relating to home security and automation systems;
  • Xerox Corporation v. Google Inc.: Represented Xerox in a patent infringement action relating to semantic text analysis and web advertising;
  • SmithKline Beecham Corporation d/b/a GlaxoSmithKline v. Barr Pharmaceuticals, Inc.: Represented GSK in a Hatch‑Waxman patent infringement action relating to Avodart, a drug for benign prostate hypertrophy;
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in post‑trial proceedings in a patent infringement action relating to mobile device chips and technology;
  • In re ‘845 Patent Litigation and Glaxo Group Ltd. d/b/a GlaxoSmithKline v. Spectrum Pharmaceuticals Inc.: Represented GSK in Hatch‑Waxman patent infringement actions relating to Imitrex, an anti‑migraine drug;
  • Compuware Corporation v. International Business Machines Corporation and International Business Machines Corporation v. Compuware Corporation: Represented IBM in copyright and patent infringement actions relating to mainframe computer software; and
  • In re Papst Licensing, GmbH Patent Litigation: Represented IBM in a patent infringement action relating to hard disk drive motor technology.

Other Matters

  • Federal Treasury Enterprise Sojuzplodoimport v. Spirits International B.V.:  Represented Spirits International in an action relating to ownership of vodka trademarks;
  • United States of America v. NCR Corporation et al. and Georgia‑Pacific Consumer Products, LP v. NCR Corporation: Represented NCR in CERCLA actions involving remediation of PCBs in the Fox River in Wisconsin and the Kalamazoo River in Michigan;
  • Represented Qualcomm in an investigation into patent licensing agreements initiated by the National Development and Reform Commission of the People’s Republic of China;
  • QSGI Inc. v. IBM Global Financing: Represented IBM in an antitrust case involving mainframe computers; and
  • Broadcom Corporation v. Qualcomm Incorporated: Represented Qualcomm in a California state court action alleging unfair competition, breach of contract and fraud.

Mr. Harasymiak was born in New York City. He received an A.B. magna cum laude from Harvard College in 1987 and a J.D. cum laude from Harvard Law School in 1994. Mr. Harasymiak joined Cravath in 1994 and was named of counsel in 2021. He is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York and before the U.S. Court of Appeals for the Federal Circuit.

Education

  • J.D., 1994, Harvard Law School
    cum laude
  • A.B., 1987, Harvard College
    magna cum laude

Admitted In

  • New York

Professional Affiliations

American Bar Association

Organizations

Ukrainian Institute of America

  • Board of Directors

Ukrainian Studies Fund, Inc.

  • Board of Directors

Deals & Cases

October 17, 2024

ADT Wins Appeal Affirming PTAB Decision Invalidating Patent Claims

On October 15, 2024, the United States Court of Appeals for the Federal Circuit affirmed an inter partes review (“IPR”) decision by the Patent Trial and Appeal Board (“PTAB”) in favor of Cravath client ADT Inc., invalidating all claims of a patent at issue in litigation brought by Vivint, Inc.

Deals & Cases

October 09, 2023

Abiomed Defeats Motion to Dismiss Lawsuit Over Misappropriated Trade Secrets

On September 22, 2023, the U.S. District Court for the District of Massachusetts ruled in favor of Cravath clients Abiomed, Inc. and Abiomed Europe GmbH (together, “Abiomed”), denying a motion to dismiss litigation brought by Abiomed against German defendants Enmodes GmbH and its CEO Tim Kaufmann.

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