Site People

Andrew R. Graben

Principal

Dallas

214-747-5070

Andrew R. Graben is a Principal in the Dallas office of Fish & Richardson, where he started his law practice in 2004. Mr. Graben’s practice emphasizes business and intellectual property litigation, but he has successfully represented his clients in a wide range of commercial disputes. Over the course of his career, Mr. Graben has represented both individuals and businesses in contract and securities litigation, anti-trust litigation, patent litigation, patent infringement damage analysis, and trademark and copyright disputes. Mr. Graben also tried criminal cases in the Dallas County District Attorney’s Office, where he acted as lead counsel or picked the jury in eleven jury trials, trying each of those cases to verdict.

Outside of his law practice, Mr. Graben is an avid college football fan and golfer. He also actively supports and serves with several non-profit organizations, including International Justice Mission and the African Leadership and Reconciliation Mission.

Admissions

Texas 2004
United States District Court for the Northern District of Texas
United States District Court for the Eastern District of Texas

Other Distinctions

Recognized as a 2013 Super Lawyers Rising Star.

Selected publications
"Joint Defense Considerations," co-authored with M. Brett Johnson, presented at the 46th Annual Conference on Intellectual Property Law of the Institute for Law and Technology, November 2008.

"Of Sticks and Carrots: The New Corporate Civil and Criminal Landscape in a Post-Enron World," co-authored with Matthew E. Yarbrough, presented at the Fall Regional Conference of the American Society of Corporate Secretaries, October 2004.

Education

BS, Louisiana State University 2001
International Trade and Finance
JD, New York University School of Law 2004
Senior Staff Editor, Environmental Law Journal

Experience

Litigation Examples

ICON Internet Competence Network B.V. v. Travelocity.com LP (U.S. District Court, Northern District of Texas, Dallas Division) – Represented defendant Travelocity.com LP in patent infringement lawsuit related to internet search results display. Court granted summary judgment of non-infringement on all claims.

Ceats, Inc. v. Continental Airlines, et al. (U.S. District Court, Eastern District of Texas, Tyler Division) – Represented defendants in patent infringement lawsuit related to online ticketing. Jury returned verdict of invalidity on all claims.

Research In Motion Ltd., et al. v. Eastman Kodak Co. (U.S. District Court, Northern District of Texas, Dallas Division) – Represented declaratory judgment plaintiff Research In Motion in a patent infringement action related to certain smartphone camera functionalities.

DataTreasury Corp. v. Wells Fargo & Company, et al. (U.S. District Court, Eastern District of Texas, Marshall Division) – Represented Bank of America in a patent infringement action related to image-based check processing.

Silicon Services Consortium, Inc., et al. v. Applied Materials, Inc. (U.S. District Court, Western District of Texas, Austin Division) – Represented Applied Materials, Inc. in defending antitrust lawsuit filed by competitors in the semiconductor fabrication equipment refurbishment industry.

Exel Transportation Services, Inc. v. Total Transportation Services LLC, et al. (U.S. District Court, Northern District of Texas, Dallas Division) – Represented Exel Transportation Services, Inc., one of the United States’ largest transportation logistics companies, in trade secret misappropriation, breach of contract, and computer hacking lawsuit involving former executives who left company and formed a competitor.

Bose Corp. v. Sunshine Electronics, Inc., et al. (U.S. District Court, Eastern District of New York) – Represented Bose Corporation in patent, trademark and copyright infringement action arising from the unauthorized use and reproduction of Bose’s patents, trademarks and copyrights and sale of counterfeit Bose products.

Cargill Meat Solutions Corp. v. Swift & Co. (U.S. District Court, Northern District of Texas, Lubbock Division) – Represent Cargill Meat Solutions in a patent case involving electrical stimulation to improve tenderness of beef and beef processing health and safety technologies.

Il Mulino, Inc. v. The Dallas Morning News Co., et al. (District Court of Dallas County, Texas) – Represented local restaurant, Il Mulino, in business disparagement and tortious interference lawsuit against The Dallas Morning News and its lead food critic.

White Collar Criminal Defense
In the area of white collar criminal defense, Mr. Graben has represented a number of public companies, private entities, and high-profile individuals before most major federal law enforcement and investigative agencies, including the FBI, the FDA, the SEC and the Department of Justice. Mr. Graben has conducted (and has represented witnesses and targets in connection with) internal investigations involving a wide array of issues, including alleged False Claims Act, securities law, and antitrust law violations.