Dr. Andy X. Yu is a seasoned patent litigator and counselor. Armed with a PhD in bioinformatics and years of industry experiences, Andy is uniquely positioned to offer his clients valuable insights and unparalleled expertise in developing and executing their intellectual property and business strategies. His deep know-how allows him to cover a broad range of technologies from high tech and software to life sciences and medical products. He handles high tech patent litigation both at the International Trade Commission (ITC) and in federal district courts. He advises on ANDA strategies and litigates Hatch-Waxman cases at various federal district courts. He counsels industry innovators and the world’s leading technology companies on high-value IP transactions. He also has significant experience in prosecuting patents and evaluating patent portfolios.

Before joining GEN Law, Andy was General Counsel for a startup company, where he managed and executed the company’s intellectual property strategies and successfully led the company to secure two rounds of financing exceeding $30M. Prior to that, Andy was a patent litigator at Mintz Levin and Farney PC, where he focused his practice on high tech and pharmaceutical patent litigation, patent valuation, and strategic counseling. He has managed interdisciplinary teams of technologists, expert witnesses, and litigators, coordinated complex discovery, examined fact and expert witnesses, developed sound infringement and validity strategies, and driven multiple ITC investigations and federal district court cases to successful outcomes. 

Andy is also a recognized legal scholar and strategic thinker. His publication "Why Brand Pharmaceutical Companies Choose to Pay Generics in Settling Patent Disputes: A Systematic Evaluation of Asymmetric Risks in Litigation (10 Nw J Tech & Intell Prop 19)" was the first to systematically quantify legal and economic risks in reverse payment settlements in Hatch-Waxman litigation. His pioneering analysis was cited in various amicus briefs submitted to the Supreme Court for its seminal decision on FTC v. Actavis 570 U.S. 136 (2013).

In addition to his legal expertise, Andy is an accomplished scientist, computer engineer, and business consultant. He was a principal investigator at Merck focusing on biomarker development and drug discovery for cardiovascular diseases. He designed and executed a number of critical clinical trials on some of Merck's most valuable assets including Zocor, Vytorin, and Januvir. He also worked as a consultant at Cegedim and Deloitte, advising all major multinational pharmaceutical and biotech companies on product development, business strategy, product life cycle management, licensing, patent strategies, and regulatory affairs. In addition, he has developed several commercial software packages by leveraging his interdisciplinary training and skills in data analytics, computer engineering, and biology. Among the software he developed, SAS/Genetics is a great commercial success has generated over $20 million in revenue since its first release in 2002.

Dr. Yu is admitted to practice in New York, New Jersey, Massachusetts, Texas, Washington DC, and USPTO.

American Bar Association

Boston Patent Law Association

Sino-American Pharmaceutical Professionals Association

Pharmaceutical Market Research Group

American Statistical Association

International Biometric Society

• Certain Graphics Systems, Components Thereof and Consumer Products Containing the Same (Inv. No. 337-TA-1044).  Represented Advanced Micro Devices (AMD) as complainant in the ITC asserting patents covering graphics processing technology employed by smart devices such as televisions and handsets. Respondents include LG Electronics, VIZIO, MediaTek, and Sigma Designs, Inc. (SDI). Achieved settlement with LG prior to the conclusion of expert discovery. Obtained an exclusion order against the remaining respondents after the evidentiary hearing. As a result, the Commission issued orders banning the importation of products made by VIZIO, MediaTek, and SDI and cease and desist orders against VIZIO and SDI.

• Certain Memory Modules and Components Thereof, and Products Containing Same (Inv. No. 337-TA-1023). Represented Netlist, Inc. in asserting multiple patents essential to JEDEC DDR4 RDIMM and LRDIMM standards against the Korean-based memory company SK Hynix. In conjunction with district court cases, successfully obtained a global settlement for Netlist, including a $40 million license payment and a supply commitment from SK Hynix worth $600 million in preferred access to DRAM.

• Certain Computing or Graphics Systems, Components Thereof, and Vehicles Containing Same (Inv. No. 337-TA-984). Represented owner of portfolio of graphics processing and microprocessor patents, Advanced Silicon Technologies, LLC, as Complainant in an ITC investigation adverse to a number of automotive manufacturers, and infotainment system and chip suppliers. Respondents include Honda, Toyota, BMW, Audi, Volkswagen, NVIDIA, Texas Instruments, Renesas, Harman International, and Fujitsu-Ten. The investigation instituted in January of 2016 and resolved favorably prior to the conclusion of expert discovery in August of 2016.

• Certain Communications or Computing Devices and Components Thereof (Inv. No. 337-TA-925). Represented owner of portfolio of communications and computing patents from former enterprise communications business unit of a large multinational innovation company, Enterprise System Technologies, S.A.R.L. An ITC investigation was instituted in August 2014 as to respondent entities Apple, Samsung Electronics, LG Electronics and HTC Corporation. Google participated as an intervenor. The investigation resolved prior to evidentiary hearing in June of 2015.

• Certain Consumer Electronics with Display and Processing Capabilities (Inv. No. 337-TA-884) Represented owners of the patent portfolio of the original Silicon Graphics, now known as Graphics Properties Holdings, as complainant in the ITC. Investigation was instituted in June 2013 and among the respondent entities were Panasonic, Toshiba, Vizio, and ZTE. Most respondents settled. Successfully obtained a recommendation for a Limited Exclusion Order after evidentiary hearing against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge's Initial Determination was pending.

• Certain Consumer Electronics and Display Devices and Products Containing Same (Inv. No. 337-TA-836) and related cases in District of Delaware. Represented owners of the patent portfolio of Silicon Graphics as complainant in the ITC, and as plaintiff in multiple parallel District of Delaware cases. The technology at issue relates to LCD panels, central processor units, graphics processing units, and other microprocessor technology. Successfully licensed all respondents, including some of the largest and most recognized names in the converged device space – Apple, LG, Research in Motion, Samsung, and Sony.

• Select Retrieval, LLC v. ABT Electronics, Inc, et. al. (Northern District of Illinois), and related cases. Received favorable settlement and licensing terms for patent owner.

• I2Z Technology, LLC v. Hotels.com, LP (Northern District of Texas), and related cases. Received favorable settlement and licensing terms for patent owner.

• Intercarrier Communications LLC v. Apple Inc, (Eastern District of Virginia), and related cases. Received favorable settlement and licensing terms for patent owner.

• Kowa Pharmaceuticals America et al v. Amneal Pharmaceuticals, LLC, and related cases. Represented plaintiffs Kowa Company, Ltd., Kowa Pharmaceuticals America, Inc. and Nissan Chemical Industries, Ltd. in litigation which involved compound, formulation, and polymorph patents directed toward quinoline-type mevalonolactones (or, pitavastatin calcium) relating to the drug product Livalo®. Presented the plaintiffs' infringement case at 10-day trial, through which plaintiffs prevailed on all issues.

• Represented Nissan Chemical Industries in a series of IPR proceedings and obtained decision denying institution of IPR on behalf of the patent owner.

• Evaluated a portfolio of over 1,000 microprocessor and circuit design patents owned by STMicroelectronics during a transaction.

• Evaluated a portfolio of over 50 laser triangulation and robotic control patents and facilitated the transaction of the portfolio in connection with an acquisition of the patent owner.

• Performed patent due diligence and advised on patent portfolio management strategies in connection with TPG-backed Immuncor's acquisition of Sirona Genomics. Evaluated patent landscape in high-throughput gene sequencing technologies and their application in HLA typing. Prepared and filed multiple patent applications for Sirona Genomics following the acquisition.

• Screened all FDA Orange Book listed pharmaceutical drugs and built ANDA filing strategies for CANDA Pharmaceutical. Identified 7 products as potential first-to-file candidates and advised on partnership and joint development opportunities.

• Developed ANDA portfolio management and litigation strategies, including building an innovative financial and legal model to streamline Paragraph IV filing and optimize ANDA pipeline for Greenstone.

• Advised Celgene on license buyback of its top selling oncology product Vidaza from an international partner in a transaction over $50 million.

• Advised Greenstone on acquisition opportunities and performed intellectual property valuation and business diligence to assess the target’s clinical pipeline.

• Advised Pfizer on the divestiture and $2.2 billion IPO of its animal sciences business, Zoetis.

• Advised Fosun Pharma USA on US acquisition opportunities.