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Home - Merchant & Gould P.C.

Andrew (Andy) Lagatta is an intellectual property lawyer and member of the firm's executive committee. Andy focuses on a wide range of patent matters and enjoys working with large companies to help develop strong and enforceable patent portfolios, as well as start-up companies and individual inventors who have good ideas but need a forward-thinking legal strategy to protect R&amp;D investment and attract investors.

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Andy provides intellectual property counseling, analyzes patentability and clearance issues, and drafts and prosecutes patent applications. He has technical experience in diverse electrical, electronic, and mechanical technology fields.&nbsp; Andy has particular expertise in areas including network security and system virtualization, as well as data storage technologies, data science (including various machine learning systems), and Internet of Things devices.&nbsp; Andy’s technical background spans a range of technologies including computer architecture, electronic control systems, medical devices, communications networks and protocols, power distribution systems, database management systems, operating systems, digital content encryption and distribution, and business methods. As part of that practice, Andy has successfully developed licensed patent portfolios for established companies and has created IP protection strategies for several start-up companies that match the company’s growth goals and timing.

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As former co-chair of M&amp;G’s post-grant practice group, Andy is well-versed in all aspects of post-grant patent challenge proceedings, including reexamination and post-grant trial proceedings, as well as PTAB appeals and reissue applications. Andy has been named counsel (lead and backup) in numerous PTAB trials on behalf of both patent owners and petitioners, often providing a patent office perspective to support copending litigation efforts. These trials have spanned various technology areas, including semiconductors and circuits, medical devices, mechanical devices, such as agricultural equipment and environmental products, to food science. Andy has also managed reexamination proceedings (ex parte&nbsp;and&nbsp;inter partes) representing both patentees and accused infringers.&nbsp; Andy uses his past litigation experience to coordinate post-grant challenges with litigation counsel in order to navigate PTAB proceedings to achieve client goals within an overall enforcement or defense strategy.

Prior to practicing law, Andy worked for Intel Corporation, where he focused on desktop computer architecture modeling and performance analysis. This experience has helped him in understanding technology issues, as well as day-to-day schedules of inventors and patent counsel, and what they want and need in intellectual property protection.

At Merchant &amp; Gould, Andy also does pro bono work for non-profit organizations as well as for low-income inventors through the LegalCORPS Inventor Assistance Program. He runs, plays golf, goes to concerts, and brews beer in his limited spare time.

University of Minnesota Law School, J.D., 2005, 

University of Wisconsin Law School - Madison, B.S. Electrical and Computer Engineering, 2001

he / him / his

Electronics

Internet

Computer Technology

Software & Information Technology

Business Methods

Semiconductors

Telecommunications

Minneapolis

Anthony R. Zeuli Named Among Top 100 Super Lawyers in Minnesota



<hr class="wp-block-separator has-alpha-channel-opacity"/>



Merchant &amp; Gould, an intellectual property law firm, today announced that the following attorneys in its Minneapolis office have been named 2012 Super Lawyers.



Recognized excellence in intellectual property law:



<ul>
<li>Brian H. Batzli</li>



<li>Steven C. Bruess</li>



<li>John A. Clifford</li>



<li>Brent E. Routman</li>



<li>David G. Schmaltz</li>
</ul>



Recognized for excellence in IP litigation:



<ul>
<li>Allen W. Hinderaker</li>



<li>Scott W. Johnston</li>



<li>Alan Kowalchyk</li>



<li>Daniel W. McDonald</li>



<li>Anthony R. Zeuli </li>
</ul>



Anthony R. Zeuli is also named one of the Top 100 Super Lawyers in Minnesota.



In addition, Merchant &amp; Gould is proud to announce the following attorneys are recognized as Rising Stars.



Recognized under the category of intellectual property law:



<ul>
<li>Robert A. Kalinsky</li>



<li>Andrew J. Lagatta</li>
</ul>



Recognized under the category of intellectual property litigation:



<ul>
<li>Rachel C. Hughey</li>



<li>Heather J. Kliebenstein</li>



<li>Tom Leach</li>



<li>William D. Schultz</li>



<li>Rachel K. Zimmerman</li>
</ul>



Rising Stars are attorneys 40 and under who have been practicing law for 10 years or less. They are selected annually based on nominations from other attorneys and an independent review board. No more than 2.5 percent of attorneys are selected for Rising Stars in any state.



The rigorous selection process includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area and a good-standing and disciplinary check. Each year, no more than five percent of lawyers are selected for Super Lawyers in each state.



Super Lawyers is a service of the Thomson Reuters Legal Division. Due to the rigorous and transparent methodology used by Super Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Super Lawyers is considered a singular honor.

Merchant & Gould Announces 2012 Super Lawyers in Minnesota

MINNEAPOLIS – April 17, 2019 – Merchant &amp; Gould, a national intellectual property law firm, is pleased to announce that Vexilar, Inc., a Minneapolis-based pioneer in sonar technology, fish finders, and the marine business, won an important IPR victory against Deeper UAB, which unsuccessfully challenged the validity of Vexilar’s patent directed to wireless fish finders using independent displays, such as smart phones and tablets.&nbsp; (<a href="https://www.uspto.gov/sites/default/files/documents/Deeper-UAB-v.-Vexilar-Inc.-IPR2018-01310-%28Paper-7%29-%28002%29.pdf" target="_blank" rel="noopener">Deeper UAB v. Vexilar Inc., No. IPR2018-01310</a>)



The Merchant &amp; Gould team filed a laser-focused Patent Owner’s Preliminary Response, arguing Deeper did not meet its burden to show a reasonable likelihood that the prior art invalidated Vexilar’s patent and that Deeper’s expert’s declaration was conclusory. The Patent Trial and Appeal Board (PTAB) denied Deeper’s IPR petition, as well as its request for rehearing. Notably, the PTAB increased the status of the denial decision by designating the decision as “Informative,” which indicates that the decision should be followed in most cases because it provides important guidance from the PTAB.



“We are very pleased with the result, which shows that it’s critical for petitioners to make sure they have strong evidence for each ground before going to the PTAB and challenging the validity of a patent,” said Thomas Leach, partner, Merchant &amp; Gould.&nbsp; “The PTAB exercised its discretion finding Deeper’s validity challenge would not be a good use of the Board’s resources and denied the IPR petition.”&nbsp;



“Particularly after the Supreme Court’s decision in SAS Inst. Inc. v. Iancu, 138 S. Ct. 1348 (2018), this decision, and its designation as Informative, serves as an indication and a guidepost from the PTAB that it is willing to entirely deny institution if the Petitioner does not have good arguments for every challenged claim in the petition,” stated Joseph Dubis, Ph.D., associate, Merchant &amp; Gould.



The Merchant &amp; Gould team included Thomas Leach, partner, Minneapolis; Joseph Dubis, Ph.D., associate, Minneapolis; Andrew Lagatta, partner, Minneapolis; and support from others.



“It’s been rewarding to watch the Merchant &amp; Gould team develop and execute a strategy to successfully defend our patented technology and market,” said Steve Baumann, President, Vexilar, Inc.&nbsp;



<h2 class="wp-block-heading">About Vexilar, Inc.</h2>



Vexilar, Inc. has been in the marine business since 1960, with a history of innovation in fishing products.&nbsp; Based in Minneapolis, the company is considered to be a “pioneer in sonar technology.”&nbsp; <a href="http://www.vexilar.com">www.vexilar.com</a>

Merchant & Gould Successfully Protects Vexilar’s Patent

Merchant &amp; Gould is pleased to announce that <a href="/people/heather-j-kliebenstein/">Heather Kliebenstein</a>, a Minneapolis partner who joined in 2004, has been named Managing Partner of Merchant &amp; Gould’s seven offices, effective Jan. 30, 2023. She joins <a href="/people/tracey-r-skjeveland/">Tracey Skjeveland</a>, the firm’s COO and CFO, and leads a three-person Executive Committee, including <a href="/people/andrew-j-lagatta/">Andrew Lagatta</a> and <a href="/people/william-d-schultz/">William Schultz</a>. Tracey will manage day to day business operations of the firm while Heather and the Executive Committee will lead the law firm and provide direction for long-range planning and growth. 



As an IP litigator with a technical background, Heather represents her clients in court and counsels those clients regarding other intellectual property portfolio strategies. She specializes in trademark, trade dress, copyright, advertising, unfair competition, breach of contract, patent, design patent and trade secret litigation, particularly with cases that intertwine multiple intellectual properties, contracts, and other federal or state claims. Heather is the former chair of Merchant &amp; Gould’s Litigation Practice.



Tracey joined Merchant &amp; Gould in 1999 as a financial analyst. In 2006, she was named CFO. In 2014, Tracey was named the firm’s COO. Throughout her career at Merchant &amp; Gould, Tracey has demonstrated effective, sound leadership and has been a mentor to many.&nbsp;

Heather Kliebenstein and Tracey Skjeveland Named to Lead Merchant & Gould’s Seven Offices

Merchant &amp; Gould is pleased to announce that <a href="/people/andrew-j-lagatta/">Andrew J. Lagatta</a> and <a href="/people/william-d-schultz/">William D. Schultz</a>, both Minneapolis partners, have been elected to the firm’s Executive Committee for three-year terms, effective Jan. 1, 2023. They replace Christopher J. Leonard and George C. Lewis, P.E., who completed their service on the Executive Committee at the end of 2022 and who greatly contributed to the committee for several years.



The Executive Committee manages the business operations of the firm, leads the partnership, and provides direction for long-range planning and growth. The firm leadership represents the values that emerged from Merchant &amp; Gould’s founder John D. Gould, as well as the core group of attorneys who built the firm into a full-service intellectual property law practice nearly 123 years ago. Today, those same values and business principles guide seven Merchant &amp; Gould offices and approximately 90 attorneys.



“Andy and Will personify the values and vision of Merchant &amp; Gould with their deep roots in the firm and extensive involvement in the industry. Through their combined leadership and individual focus areas, each brings his distinctive perspective to help guide the firm from every angle – marketing and strategy to practice-group expansion,” said Heather Kliebenstein, managing partner and member of the firm’s Executive Committee. “Together, Andy and Will’s insight and experience will strengthen the committee, while helping steer the business goals for the firm and our clients.”



Andy focuses on a wide range of patent matters, working with large companies to help develop strong and enforceable patent portfolios, as well as start-up companies and individual inventors. He provides intellectual property counseling, analyzes patentability and clearance issues, and drafts and prosecutes patent applications. Prior to joining the Executive Committee, Andy chaired Merchant &amp; Gould’s largest practice group, Electrical and Software.



Will specializes in Internet and Technology law and co-chairs Merchant &amp; Gould’s Internet, Cybersecurity, and E-Commerce Practice Group. He navigates companies through legal issues related to online marketplaces, online search, website development and content, domain names, and the decentralized web (the metaverse and NFTs). Leading up to his role on the Executive Committee, Will chaired Merchant &amp; Gould’s Strategic Planning Committee and is the Marketing Partner for the firm.&nbsp;



Congratulations, Andy and Will!

Andrew Lagatta and William Schultz Elected to Merchant & Gould’s Executive Committee

Merchant &amp; Gould is pleased to announce that Minneapolis partner <a href="/people/benjamin-a-tramm/">Benjamin Tramm</a> has been named leader and chair of the firm’s Electrical and Software Practice Group, effective Jan. 1, 2023.  He replaces Andy Lagatta who chaired the Electrical and Software Practice for four years before joining the firm’s Executive Committee.



Ben, who is now in his 17th year with the firm, will guide those attorneys across Merchant &amp; Gould’s seven offices who are deeply knowledgeable with complex electrical and software technologies. With a team of attorneys, staff engineers, and support members with extensive technical experience in the intricacies of U.S. and International patent law, the Electrical and Software Practice Group represents U.S. and global clients in a wide array of specialized technical fields.



“Ben has a deep understanding of our clients’ businesses and the intellectual property problems they face in their industries. Through the combination of his leadership abilities, background in electrical engineering, computer science, and physics, and industry knowledge, he will skillfully steer the Electrical and Software Practice Group during an exciting time in our firm’s growth,” said Andy. “We greatly value Ben’s commitment and guidance, and so do our clients.”



Congratulations, Ben!

Benjamin Tramm Named Chair of Merchant & Gould’s Electrical and Software Practice Group

Electrical & Software

Mechanical

Licensing

Post Grant Proceedings

International Group

Bridget Burke

Partner

Manages U.S. drafting and prosecution of a significant patent portfolio for a retailer, focusing on data science, supply chain, and technology services/infrastructure technologies.
Manages U.S. prosecution of large portfolio of pending applications for an international electronics and electrical equipment company, focusing on printing, scanning, and networking technologies.
Manages utility patent portfolio development for a hardware and home improvement company, focusing on electromechanical patent prosecution and Internet of Things device integration.
Prepares and prosecutes patent applications in the area of computing system virtualization, security, database management, and cloud networking integration for large information technology company.
Developed portfolio of U.S. and international patents for startup power grid electronics company, including 20 issued U.S. patents, numerous pending applications and over a hundred international filing counterparts.
Represented maker of remote medical monitoring devices accused of infringement of twelve patents in ongoing inter partes review proceedings, inter partes reexamination proceedings, and ex parte reexamination proceedings, leading to rejection and ultimate invalidation of numerous claims across the asserted patents.
Represented agricultural equipment maker in inter partes reviews of four patents asserted in litigation associated with harvesting equipment; three matters were denied institution, case settled.
Represented environmental products company in inter partes reviews of two patents asserted in litigation associated with papermaking technologies.
Represented milling company defending patent validity in inter partes review challenging validity of asserted patent directed to food processing and associated food products; case settled before final written decision preserving validity of asserted patent.
Represented maker of procurement software accused of infringing three patents in inter partes reexamination and ex parte reexamination proceedings, leading to invalidation of claims across the asserted patents.
Represented consumer electronics company defending patent validity in inter partes review challenging validity of asserted patents directed to graphics technologies; case settled.
Manages opinion work in various industries including display technologies, financial services, and consumer products.
Assisted with development of portfolio of patent applications directed to personal information manager data synchronization, supporting licensing program for major software provider.

Andrew  J. Lagatta

American Bar Association 
Minnesota State Bar Association 
American Intellectual Property Law Association 
Minnesota Intellectual Property Law Association 
Institute of Electrical and Electronics Engineers 
Association of Computing Machinery

Professional Affiliations

Selected for inclusion in Minnesota Rising Stars, 2012, 2014-2015

Awards & Recognition

How Inter Partes Review Became A Valuable Tool So Quickly, Law360, co-authored with George C. Lewis, August 16, 2013
Leveraging New Patent Office Post Grant Proceedings To Decrease Litigation Risk and Cost, Intellectual Property Today, co-authored with Joe Lee and Rob Kalinsky, July, 2013
Intellectual Property Counseling and Litigation Treatise, Counseling in the Foreign Setting, Matthew Bender, 2009 (update co-author/editor)
<h3>Quoted</h3>
Quoted in Supreme Court Has Eye on IPR, Law Week Colorado, July 10, 2017

Publications 

MITCHELL HAMLINE SCHOOL OF LAW, IP INSTITUTE 2021 ANNUAL SYMPOSIUM, Exploring the Boundaries of Statutory Subject Matter (April 2021), Panelist (Subject: Patent Eligibility of Artificial Intelligence)
Overcoming the Differences in Patent Practice between Japan, the US, and Europe, Speaker, October 2016
Inter Partes Review: Current Thinking on What, When, Why, and How Much, Speaker and Moderator, September 2016
New PTAB Rules, New Key Cases and Emerging Trends – Strategic Implications for PTAB Proceedings and Appeals (with Rachel Hughey), Speaker, Midwest IP Institute, September 2016
Cyberworld: Protecting Your Brand in Cyberspace, Speaker, April 2016
Staying Current in Inter Partes Review: Developments, Hot Topics, and What&#8217;s Next?, Panelist, February 2016
Surviving the Patent Killer: Navigating Post Issuance Proceedings, March 2015 (presenter)
Inter Partes Review: Strategies and Considerations for Use, October 2014 (presenter)
The America Invents Act, Continuing Legal Education, October 2011 (presenter)
The America Invents Act: Future Provisions, Continuing Legal Education, October 2011 (presenter)

Andrew J. Lagatta

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