Aaron T. Olejniczak

aarono@andruslaw.com
(414) 271-7590

Aaron T. Olejniczak is a registered patent attorney and partner at Andrus Intellectual Property Law. Aaron handles a wide variety of intellectual property disputes, concentrating on patent, trademark, and copyright litigation at both the district and appellate court levels, post-grant patent challenges such as inter partes review and ex parte reexamination before the U.S. Patent Trial and Appeal Board (PTAB), and trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board (TTAB). Aaron is also experienced in alternative dispute resolution, including mediation and arbitration. Moreover, Aaron maintains an active portfolio management practice, routinely advising clients on protecting their intellectual property rights.

Aaron has significant litigation experience, including serving as lead counsel in patent jury trials, arguing appellate cases before the U.S. Court of Appeals for the Federal Circuit, and as lead counsel in inter partes review proceedings. The Andrus litigation team has been successful in securing injunctions, damages judgments of seven and eight figures, institution of inter partes reviews, and in maintaining the valid claims for patent owners after reviews are instituted. Aaron has also served as lead counsel in patent and trademark litigation cases in which the team obtained preliminary injunctions against the opposing party. Aaron has served clients in many other patent, trademark, and copyright infringement suits in Wisconsin and throughout the United States.

In addition, Aaron has an active local counsel practice in the Eastern and Western Districts of Wisconsin, where he partners with lead counsel and leverages his expertise in the local courts to provide well-rounded, yet cost-effective, representation for the client. 

In addition to his litigation practice, Aaron serves clients in U.S. and international patent prosecution and counsels clients on all patent, trademark, and copyright concerns. Aaron provides infringement, novelty, and right-to-use opinions in a wide variety of technology areas.

From 2015 to the present, Aaron has been ranked as a notable professional in Chambers USA for his "strength in patent infringement litigation proceedings" and he has continually been selected for inclusion in Managing Intellectual Property's IP Stars list. Aaron has also been selected for inclusion in the IAM Patent 1000 as a top patent litigation and transactions practitioner in Wisconsin since 2013, and has been selected for inclusion in Thomson Reuters' Wisconsin Super Lawyers list since 2013, including consistently being named one of the top 50 lawyers in Wisconsin and one of the top 25 attorneys in Milwaukee.  In addition, Aaron was selected for inclusion in The Best Lawyers in America© 2014 and was included in the Super Lawyers - Rising Stars Editions from 2008 through 2012. 

Education

Aaron received a bachelor of science degree in pre-professional studies in science and business, focusing on biology and accounting, from the University of Notre Dame in 1998. He received his juris doctor degree from the University of Wisconsin Law School in 2002, where he was a member of the Patent Moot Court Team and the President of the Intellectual Property Student Organization.

Community Involvement

Aaron serves on the Board of Directors for the Milwaukee Bar Foundation. Aaron also serves on the City of Cedarburg Board of Appeals. Aaron is a former member of the Board of Directors for the Milwaukee Bar Association, serving as President of the organization in 2019-2020. Aaron is the Wisconsin Chair of the Seventh Circuit Bar Association's Facilities Committee, and a former board member of the Eastern District of Wisconsin Bar Association.

Memberships

• American Bar Association
• American Intellectual Property Law Association
• Serjeant’s Inn
• Thomas E. Fairchild American Inn of Court
• Western District of Wisconsin Bar Association
• Wisconsin Intellectual Property Law Association

Representative Cases

• TOMAHAWK MANUFACTURUNG INC. et. al. v. Spherical Industries, Inc. et. al., 2:23-cv-01107-APG-NJK (D. Nev.) Counsel for Tomahawk Manufacturing in trade secret misappropriation case.
• Schreiber Foods, Inc. v. Switchel LLC, Cancellation No. 92082657 (TTAB). Lead counsel for client Schreiber Foods, Inc. in trademark cancellation proceeding.
• Doctor’s Best Inc. v. NATURE’S WAY PRODUCTS, LLC 8:23-cv-00766-CJC-KES (C.D. Cal.). Lead counsel for client Nature’s Way, LLC in trademark dispute.
• Tangent Technologies, LLC  v. RPI, INC. 1:23-cv-00261-WCG (E.D. WI).  Local Counsel for RPI, Inc. in utility and design patent infringement matter.
• Euro Pharma, Inc. v. CuraLife Ltd., Proceeding No. 92080855 (TTAB). Lead counsel for client Euro Pharma, Inc. in trademark cancellation proceeding.
• Signify North America Corporation et al v. Menard, Inc. v. RICHPOWER INDUSTIRES et. al., 3:22-cv-00706-jdp (W.D. WI). Lead counsel for third party defendant Richpower Industries in patent infringement lawsuit.
• TOMAHAWK MANUFACTURUNG INC. et. al. v. Gannon, 1:22-cv-00557-WCG (E.D. WI). Lead counsel in representing client Tomahawk Manufacturing in trade secret misappropriation case.  
• FORMTEC LLC. v. Spherical IP LLC, No. 01-21-9994-0512 (AAA Arbitration). Lead counsel in representing client Formtec LLC in arbitration matter.
• ONEIDA NATION v. Oneida Indian Nation of New York, Cancellation No. 92066411 (TTAB). Representing client Oneida Nation, of Wisconsin, in cancellation proceedings involving trademark registrations for ONEIDA and ONEIDA INDIAN NATION owned by Oneida Indian Nation of New York.
• Pelican BioThermal, LLC v. VA-Q-TEC AG, PGR2021-00085 (PTAB). Lead counsel for Vac-Q-Tec AG in patent post grant review proceeding. Successfully amended claims for allowance over challenges from Petitioner Pelican BioThermal.
• NATURE’S WAY PRODUCTS, LLC et. al. v. Alive by Nature, Inc. et. al. 3:21-cv-00824-TJC-MCR (M.D. Fla.). Lead counsel in representing client Nature’s Way Products and affiliates in trademark infringement lawsuit. Case was favorably resolved against Alive by Nature, Inc.
• AMERICAN ORTHODONTICS CORP. v. Dentira, Inc., 4:21-cv-07962-SBA (N.D. Cal.). Lead counsel in representing client and plaintiff American Orthodontics in lawsuit for trademark infringement, unfair competition, copyright infringement, false advertising, and unfair business practices.
• Server Products, Inc., v. Asept International AB et. al., No. 21-cv-2271 (N.D. Ill.). Represented Server products in patent infringement lawsuit.
• BRUNSWICK CORP v. USP Marine Tuning LLC et. al. 20-CIV-60948-RAR (S.D. Fla.) and BRUNSWICK CORP. v. Simon Performance Technology et. al. 3:20-cv-00889-BEN-AHG (S.D. Cal.). Lead counsel in representing client Brunswick Corporation in copyright and DMCA matters. Consent Judgment and Permanent Injunction was obtained against USP Marine Tuning. Case was favorably resolved against Simon Performance Technology.
• AMERICAN ORTHODONTICS CORP. v. U.S. Orthodontic Products, Inc., No. 2:20−cv−04402−JAK−AS (C.D. Cal.). Lead counsel in representing client American Orthodontics in patent infringement lawsuit obtaining Stipulated Consent Judgment and Permanent Injunction against Defendant.
• Nature’s Way Products, LLC et. al. v. Nature’s Way Botanicals, LLC 2:20-cv-00416-PHX-SPL (D. Ariz.). Lead counsel in representing client Nature’s Way Products and Schwabe North America in trademark infringement lawsuit, obtained Consent Judgement and Permanent Injunction against defendant.
• Noosa Yoghurt, LLC v. SCHREIBER FOODS, INC. 1:16-cv-02300-WYD (D. Colo.). Lead counsel in representing client Schreiber Foods, Inc. in trade dress infringement and unfair competition lawsuit.
• AMERICAN ORTHODONTICS CORP. v. Atlantic Dental, Inc., No. 1:17-cv-08098 (D.N.J.); AMERICAN ORTHODONTICS CORP. v. Ortho Mogul, LLC, Opp. No. 91235583 (TTAB). Lead counsel in representing client American Orthodontics in parallel infringement and opposition proceedings involving trademarks on orthodontic devices.
• GREAT LAKES MFG., INC. v. Londerville Steel Enterprises, Inc., No. 1:17-cv-01421 (E.D. Wis.). Lead counsel in representing client Great Lakes Manufacturing in patent infringement case involving truck trailer equipment. Obtained judgment on the pleadings on counterclaim asserting violation of Wisconsin Patent Notification Act, Wis. Stat. § 100.197.
• Sandbox Logistics LLC et. al. v. GRIT ENERGY SOLUTIONS LLC et. al. 3:16-cv-00012 (S.D. Tex.). Represented client Grit Energy in patent infringement suit.
• BRUNSWICK CORPORATION AND SEA RAY BOATS, INC. v. Cobalt Boats, LLC, IPR2015-01060 (PTAB). Served as lead counsel for Brunswick in this inter partes review case before the Patent Trial and Appeal Board.
• The Medical College of Wisconsin, Inc. v. ATTACHMATE CORPORATION, No. 15-cv-151 (E.D. Wis.) and Epic Systems Corporation v. ATTACHMATE CORPORATION, No. 15-cv-179 (W.D. Wis.). Served as local counsel for Attachmate in these declaratory judgment cases before Hon. J.P. Stadtmueller in the Eastern District of Wisconsin and Hon. Barbara B. Crabb in the Western District of Wisconsin. 
• A.C. Dispensing Equipment Inc. v. PRINCE CASTLE, LLC, No. IPR2014-00511 (PTAB), Appellate Case No. 16-1175 (Fed. Cir.). Served as lead counsel for Prince Castle in this inter partes review case before the Patent Trial and Appeal Board, in which A.C. Dispensing challenged several claims of Prince Castle’s U.S. Patent No. 8,534,497 regarding a beverage dispensing method and apparatus. The Board found all of the challenged claims of Prince Castle’s patent to be “not unpatentable.” A.C. Dispensing filed a Notice of Appeal regarding this Decision, but subsequently decided not to pursue the appeal.
• DOUGLAS DYNAMICS, L.L.C. v. Meyer Products, LLC, No. 14-cv-886 (W.D. Wis.) and related IPR2015-01247 (PTAB), No. 15-cv-900 (N.D. Ohio) and related IPR2015-01839 (PTAB). Served as lead counsel for Douglas in this group of cases regarding snowplow technology.
• Prolitec Inc. v. SCENTAIR TECHNOLOGIES, INC., No. 12-cv-483 (E.D. Wis.). Serving as local counsel for ScentAir Technologies in this patent infringement case before Hon. Rudolph T. Randa in the Eastern District of Wisconsin.
• C&N CORPORATION d/b/a DOOR PENINSULA WINERY v. Gregory Kane, et. al., 953 F. Supp. 2d 903 (E.D. Wis. 2013), aff'd, No. 13-3786 (7th Cir. June 24, 2014). Obtained summary judgment of trademark infringement and over $500,000 in damages in June 2013 for client Door Peninsula Winery (DPW); affirmed on appeal in June 2014. In 2016, obtained an additional judgment of over $100,000 against Defendants for violation of the permanent injunction.  
• S.C. Johnson & Son, Inc. v. NUTRACEUTICAL CORPORATION, et al., No. 11-cv-861 (E.D. Wis.). Served as local counsel for Nutraceutical throughout this trademark infringement case before Hon. Rudolph T. Randa in the Eastern District of Wisconsin.  
• ENCAP, LLC v. Oldcastle Retail, Inc., et al., No. 11-cv-808 (E.D. Wis.), Appellate Case No. 12-1488 (Fed. Cir.), and Inter Partes Reexamination Nos. 95/001,963, 95/001,964, and 95/001,965. Served as co-lead counsel for Encap in district court patent and trademark infringement case before Hon. William C. Griesbach involving fertilizer and seeding technologies. Successfully argued at the Markman and preliminary injunction hearings.
• NATIONAL PASTEURIZED EGGS, INC., et al. v. Michael Foods, Inc., et. al., Nos. 10-cv-646 and 11-cv-534 (W.D. Wis.). Served as co-lead counsel for National Pasteurized Eggs ("NPE") in patent case before Hon. William M. Conley involving pasteurized in-shell eggs where a jury found NPE's patents valid and infringed and found defendants' patents-in-suit invalid, awarding approximately $6 million in damages to NPE.
• DOUGLAS DYNAMICS, LLC v. Buyers Products Company, No. 09-cv-261 (W.D. Wis.), Appellate Case Nos. 11-1291 and 15-1263 (Fed. Cir.). Served as lead counsel in all phases of this patent infringement case involving snowplow technology, including the district court case before Hon. William M. Conley and the subsequent appeal.   On summary judgment, it was found that defendant infringed two of client Douglas Dynamics' patents-in-suit. A jury found the patents valid, and awarded over $1 million in damages to Douglas. Douglas subsequently filed an appeal with the Federal Circuit regarding part of the summary judgment finding non-infringement on a third patent and denial of an injunction against defendant for the first two patents. The Federal Circuit issued an order in favor of Douglas on May 21, 2013, directing the District Court to “enter summary judgment of infringement in favor of Douglas” and reversing the district court’s denial of a permanent injunction. The matter was remanded to the District Court, and a jury awarded Douglas nearly$10 million in damages for infringement in May 2014. The parties subsequently appealed separate issues with the Federal Circuit. Upon briefing and oral arguments, the Federal Circuit issued a judgment affirming the actions of the District Court.
• THE SPEARMINT RHINO COMPANIES WORLDWIDE, INC. v. Cuginos Entertainment, LLC, No. 12-cv-866 (E.D. Wis.). Represented Spearmint Rhino in trademark infringement case that the parties settled.
• M-B-W INC., et al. v. Multiquip, Inc., et. al., No. 07-cv-390 (E.D. Wis.).  Served as co-lead counsel for clients M-B-W, Inc. and Barikell, S.r.l., seeking declaratory judgment of non-infringement in patent case before Hon. J.P. Stadtmueller involving construction machinery. Pursuant to the parties' stipulation, the Court entered an Order finding that none of plaintiffs' accused products infringed any of defendant Allen Engineering Corporation's three patents-in-suit.
• BRUNSWICK CORPORATION v. Caudwell Marine, Inc., Opposition No. 91188780  (TTAB). Negotiated settlement agreement on behalf of client Brunswick regarding their use of the mark AXIUS and applicant Caudwell Marine's use of the mark AXIS DRIVE.
• Crunchkins, Inc. v. CHEWED FOR THOUGHTS, LLC, No. 08-cv-14455 (E.D. Mich.). Served as lead counsel for Chewed for Thoughts in patent infringement case before Hon. Bernard A. Friedman, successfully defending against a preliminary injunction motion and obtaining dismissal based upon a finding in a concurrent inter partes reexamination instituted at the U.S. Patent & Trademark Office that found the claims of plaintiff's patent-in-suit unpatentable.
• Omax Corporation v. FLOW INTERNATIONAL CORPORATION,  No. 04-cv-2334 (W.D. Wash.).  Served as counsel for Flow International in a patent infringement case before Hon. Robert S. Lasnik involving water jet cutting technology, that was ultimately settled.
• FLEETGUARD, INC v. Parker-Hannifin Corporation, No. 03-cv-609  (W.D. Wis.). Represented plaintiff Fleetguard in patent infringement case before Hon. John C. Shabaz that the parties settled.
• DELAWARE CAPITAL FORMATION, INC., et al. v. Ryko Manufacturing Co., No. 02-cv-884 (E.D. Wis.). Represented clients Delaware Capital Formation and PDQ Manufacturing in patent infringement case before Hon. William C. Griesbach that the parties settled.
• MOLECULAR BIOPRODUCTS, INC. v. Porex Bio Products, Inc., et al., No. 02-cv-227 (S.D. Cal.). Represented client Molecular Bioproducts in patent infringement case before Hon. Marilyn L. Huff that the parties settled.