Andrew P. Zappia

Andrew represents a wide variety of technology and media companies in intellectual property disputes and licensing, joint development, and commercial transactions. He focuses his patent dispute practice on inter partes review (IPR) proceedings before the PTAB, trials and arbitrations relating to pharmaceuticals and biotechnology, biosimilars, medical devices, mechanical inventions, and software. He is experienced in the full array of issues that arise in connection with intellectual property disputes, including patent, trademark, and copyright protection and infringement; International Trade Commission proceedings; antitrust issues; and trade secret and trade dress protection and disputes. He focuses his transactional practice on national and international commercial, sale, and licensing deals in the biotech and information technology fields.

Andrew is highly experienced in IPR practice before the PTAB, and has served as litigation counsel in more than 40 IPR proceedings. He and his team have successfully represented both patent owners and petitioners across a wide variety of technology areas. His team is also well-versed in other proceedings before the Patent Office, including ex parte reexaminations, reissues, supplemental examinations, derivation proceedings, and interferences.

Additionally, Andrew has an active abbreviated new drug application (ANDA) and biosimilar patent litigation practice. He has served as lead counsel in more than a dozen ANDA litigations in the U.S. and has coordinated international pharmaceutical patent enforcement strategies in Europe, Canada, India, Japan, New Zealand, and Australia. Many of these matters have involved billion-dollar drug products, and he has worked with internationally renowned experts, conducted Markman hearings and trials, and consulted with clients on antitrust, biosimilar patent dance, FDA, and settlement strategies.

Andrew has also handled many copyright, trademark, and trade secret disputes. He has represented dozens of technology, media, franchise, and distribution companies in a wide range of areas, including business formation, regulatory and disclosure practice, dispute resolution, litigation, and arbitration work.

Andrew is practice group leader for Health Care + Life Sciences Intellectual Property.

• Served as litigation counsel in IPR proceedings for both patent owners and petitioners in biotech, medical device, and information technology fields.
• Served as lead litigation counsel for a patentee in pharmaceutical and biosimilar patent litigations, which included coordinating responses to ANDA certification letters; drafting responsive pleadings and motions; conducting fact discovery in the U.S., Europe, Asia, and Australia; preparing expert reports; conducting Markman hearings and trials; and preparing appellate papers.
• Served as lead counsel for numerous technology and media companies for licensing, joint development, manufacturing, and distribution agreement transactions.
• Advised international drug development company on biosimilar strategy relating to a billion-dollar biologic drug product.
• Represented a medical device company in patent litigations relating to dental implants.
• Represented a major retailer in a design patent dispute.
• Advised multiple clients in mechanical and design patent disputes covering technologies including tennis court repair systems, water pipe coupling technology, and consumer product designs.
• Represented telecommunications and media companies in multiple licensing, patent, copyright, and ITC disputes.
• Resolved multiple patent litigations relating to sports equipment technologies for sports technology companies.
• Represented several top 100 franchise companies in trademark infringement litigations.

PTAB Proceedings – IPRs

• Samsung Electronics Co., Ltd. v. SiOnyx, LLC, IPR2024-00064, 01431, 00065, 00161, 00162, 00163, 00164, 00165, 00689, 00811, 00845 (Patent Owner). Represented patent owner in 11 IPR proceedings relating to semiconductor technologies.
• Cargill, Incorporated v. Bunge Loders Croklaan USA, LLC, IPR2024-01360 (PTAB) (Patent Owner). Represented patent owner in IPR relating to food and nutritional technologies.
• Arnold & Richter Cine Technik GMBH & Co. Betriebs KG v. Rotolight Limited, IPR2021-01496, 01497, 01498, 00099 (Patent Owner). Represented patent owner in 5 IPR proceedings relating to lighting technologies.
• Nanofiber Solutions, LLC v. Acera Surgical, Inc., IPR2021-01016 (Petitioner). Representing petitioner in an IPR on a medical device technology.
• AB Vista, Inc., Abitec Corporation, AB Enzymes GmbH, PGP International, Inc., Associated British Foods, plc, and AB Enzymes, Inc. v. Cornell Research Foundation, Inc., IPR2019-00582, -00581, -00580, -00579, -00578, and -00577 (6 IPRs) (Patent Owner). Represented patent owner in six IPRs relating to biotech inventions.
• 3Shape A/S and 3Shape Inc. v. Align Technology, Inc., IPR2021-01120, -01240, -01241, -01323, and -01383 (5 IPRs) (Petitioner). Represented petitioner in five IPRs relating to medical device technologies.
• Quantum Metric, Inc., Decibel Insight, Ltd., and Decibel Insight, Inc. v. Content Square Israel Limited (f/k/a Clicktale Limited), IPR2021-00363, -00364, -00416 (terminated), -00464, -00530, and IPR2022-00476 (6 IPRs) and CAFC Appeal Nos. 2022-2205, -2206 (Patent Owner). Representing patent owner in six IPRs relating to internet technologies.
• Content Square SAS v. Medallia Inc., IPR2022-00316 (Petitioner). Representing petitioner in IPR relating to internet technologies.
• Intel Corporation v. Tela Innovations, Inc., IPR2019-01220, -01221, -01228, -01254, -01255, -01256, -01257, -01262, -01513, -01515, -01518, -01520, -01521, -01522, -01636, and -01637 and CAFC Appeal No. 2021-1730 (16 IPRs) (Patent Owner). Represented patent owner in 16 IPR proceedings challenging five patents relating to semiconductor technology.
• Microsoft Corporation v. Science Applications International Corp., IPR2019-01311, -01312, -01359, -01360, and -01361 and CAFC Appeal Nos. 2020-1464, -1465, -1466, -1467, and -1468 (5 IPRs) (Patent Owner). Represented patent owner in 5 IPR proceedings challenging five patents relating to defense technologies.
• Apple, Inc. v. Andrea Electronics Inc., IPR2017-00626 and CAFC Appeal No. 2021-1248 (Patent Owner). Representing patent owner in IPR proceeding and appeal relating to audio technology.

Patent Litigations

• Amneal Pharmaceuticals LLC and Impax Laboratories, LLC v. Sandoz, Inc., 3:25-cv-00181-GC-TJB (DNJ) (ANDA).
• KWS SAAT SE & Co. KGAA v. Sesvanderhave and Sesvanderhave USA, Inc., 1:25-cv-00370-UNA (DDE).
• Impax Laboratories, LLC v. Qilu Pharmaceuticals (Hainan) Co., Ltd. and Qilu Pharma Inc., 3:25-cv-03292-BRM (DNJ) (ANDA).
• Impax Laboratories, LLC v. Biocon Pharma Ltd., Biocon Ltd., and Biocon Pharma, Inc., 3:25-cv-01968-JXN (DNJ) (ANDA).
• Impax Laboratories, LLC v. Ascent Pharmaceuticals Inc., 1:24-cv-05299-KMW-EAP (DNJ) (ANDA).
• Impax Laboratories, LLC v. Dr. Reddy’s Laboratories Ltd. and Dr. Reddy’s Laboratories Inc., 2:24-cv-07875-SRC-LDW (DNJ) (ANDA).
• Baudax Bio Inc. v. Axsome Therapeutics, Inc., Civil Action No. 2:21-cv-1586 (D. Del.) (ANDA).
• Encore Dermatology Inc. v. Glenmark Pharmaceuticals Limited, Civil Action No. 2:20-cv-02509 (D.N.J.) (ANDA).
• Arjuna Natural Ltd et al v. Dolcas Biotech, LLC et al., Civil Action No. 2:18-cv-11971 (D.N.J.).
• Arcadia Biosciences, Inc. v. Vilmorin & Cie et al., Civil Action No. 1:18-cv-08059 (S.D.N.Y.).
• Prime European Therapeuticals, S.p.A. v. Novel Laboratories, Inc. et al., Civil Action No. 3:17-cv-01944 (D.N.J.).
• New York University v. Galderma Laboratories, Inc., Civil Action No. 1:12-cv-08169 (S.D.N.Y.) and 2d Cir. Appeal No. 16-722 (ANDA).
• GlaxoSmithKline Biologicals, S.A. v. Novartis Vaccines and Diagnostics SRL, et al., Civil Action No. 1:10-cv-01620-RJL (D.D.C.).
• Cornell University et al v. Illumina Inc., Civil Action No. 1:10-cv-00433 (D. Del.) and CAFC Appeal No. 18-1902.
• Albany Molecular Research, Inc. v. Sandoz, Dr. Reddy’s, Teva Pharmaceuticals, Mylan Pharmaceuticals, Barr Laboratories et al., Civil Action Nos. 09-cv-04639, 09-cv-04638, No. 04-cv-01078, 04-cv-01075, 04-cv-01064 (D.N.J.) (ANDA)
• Abbott Laboratories, Elan Pharma International Ltd. Biovail Laboratories International SRL et al., Civil Action Nos. 2:09-cv-00005, 08-cv-05412 (D.N.J.) (ANDA).

Copyright, Trademark, and Trade Secret Litigations

• JP Morgan Chase & Co, et al. v. Chase Capital Advisors, LLC, Civil Action No. 16-cv-00777 (S.D.N.Y.).
• Language Intelligence, Ltd. v. Linqualinx Language Solutions, Inc., Civil Action No. 13-cv-01516 (N.D.N.Y.).
• Barbara McDonald v. K-2 Industries et al., Civil Action No. 10-cv-6678 (W.D.N.Y.).
• Creative Photographers, Inc. v. Urban One, Inc., et al., Civil Action No. 21-cv-01133 (C.D.CA.).
• August Image, LLC v. Urban One, Inc., et al., Civil Action No. 21-cv-05958 (C.D.CA.).
• Mark Seliger v. Urban One, Inc., Civil Action No. 20-cv-08855 (C.D.CA.).
• Dana Ruth Lixenberg v. Interactive One, LLC, et al., Civil Action No. 20-cv-07175 (S.D.N.Y.).
• Kevin Downs v. Interactive One, LLC, Civil Action No. 19-cv-8571 (S.D.N.Y.).
• John Curtis Rice v. Interactive One, LLC, Civil Action No. 19-cv-02223 (S.D.N.Y.).
• Richard Harbus v. Interactive One, LLC, Civil Action No. 18-cv-3273 (S.D.N.Y.).
• Maid To Perfection Global, Inc. v. Andra J. Miller, et al., Civil Action No. 18-cv-00176 (D.N.D.).

• The Daily Record: Power List: IP (2023)
• Best Lawyers in America®: “Lawyer of the Year” in Litigation – Patent (2023, 2025)
• Best Lawyers in America®: “Lawyer of the Year” in Litigation – Intellectual Property (2026)
• Best Lawyers in America®: Litigation – Intellectual Property (2024-2025), Litigation – Patent (2021-2026), Biotechnology and Life Sciences Practice (2025-2026)
• Listed in Upstate New York Super Lawyers (2011-2019)
• Recognized as a New York Super Lawyer in Intellectual Property, Law & Politics Magazine (2011)
• Recognized as Leader in Law (2011)
• Legal 500 United States (2020)
• Listed in the New York Daily Record’s Power 20 Intellectual Property List (2022)