Hon. Wayne R. Andersen (Ret.)

T: 312-655-0555
F: 312-655-0644

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Intellectual Property

In 19 years as a United States District Judge, he regularly handled all types of IP cases, including patent, copyright, trademark, and trade secret matters.  While he presided over numerous matters through hearings on temporary restraining orders and preliminary injunctions and, while some went to trial, Judge Andersen developed a strong philosophy that these cases were best settled.  He was extremely active in settlement negotiations which produced a wide variety of resolutions.

Representative Matters

  • Mediated settlement of a copyright claim by a photographer to rights in commercial photos taken of toys to which the defendant had exclusive rights; case was pending for nearly eight years and had been subject to an appeal
  • Settled a dispute regarding the rights to recordings made by a famous hip hop star while a teenager.  Defendant recording studio owner helped train the singer to make the recordings, subsequently abandoned by the artist.  The studio owner discovered and had the only copies of the recordings.  Settlement was reached to enable the litigants to share in any profits the recordings might make when released
  • Denied a preliminary injunction sought by major drug manufacturer against a generic company who claimed that the key drug patent had expired.  This decision was affirmed by the Federal Circuit as was a companion decision issued by another District Court regarding the same patent
  • Settled, after a bench trial, an appeal from an FTC decision denying protection to trade dress on a cold medicine marketed by a major retailer in competition with a name brand product packaged similarly.   Because the parties had extensive ongoing business dealings with one another, it made sense to settle without a judgment being entered--hence the settlement negotiations took place with Judge Andersen after he had advised the parties of his impending decision
  • Settled, after several days of a preliminary injunction hearing, a hotly contested matter involving the alleged use of trade secrets by a key technical employee who went to work for a new but very formidable competitor
  • Settled a suit between the American subsidiaries of two Italian companies, one of which claimed trade secret violations by employees who switched from one company to the other.  This matter was settled by working out trade agreements involving other unrelated businesses of the parties in other countries
  • Sealed the courtroom and then tried to a jury verdict a case involving a secret manufacturing process
  • Twice engaged in extensive Markman hearings, before and after appeal, involving claim construction regarding night light patents and was finally able to work out a license

Honors, Memberships, and Professional Activities

  • Recipient, Justice John Paul Stevens Award for commitment to integrity and public service in the practice of law, The Chicago Bar Foundation and The Chicago Bar Association, 2010
  • Member, Judicial Conference of the United States, 2006-2009
    • Chair of the District Judges meeting at the semi-annual meeting of the Judicial Conference, 2009
    • Member, Judicial Branch Committee, 1996-2005
  • Recipient of Award for Public Service, National Highway Traffic Safety Administration
  • Member, Board of Directors, Rehabilitation Institute of Chicago (Chairperson of Compensation Committee and Patient Care Committee)
  • Member (and past president), University of Illinois College of Law Board of Visitors
  • Member, Federal Judges Association and Illinois Judges Association
  • Member, Federal Bar Association
  • Member, Chicago Bar Association (past member, Board of Managers)

Background and Education

  • Judge, U.S. District Court for the Northern District of Illinois, 1991-2010
  • Judge, Circuit Court of Cook County, 1984-1991
  • Deputy Secretary of State of Illinois, 1981-1984
  • Partner, Burditt and Calkins, 1977-1980 (Associate, 1972-1976)
  • Administrative Assistant to Henry J. Hyde, Majority Leader of the Illinois House of Representatives, 1970-1972
  • Legislative Intern, University of Illinois Legislative Staff Internship program, 1970-1971
  • J.D., University of Illinois College of Law, 1970 (Editor-in-Chief, the Caveat student newspaper)
  • B.A., cum laude, Harvard University, 1967, where he was captain of the track team and remains co-holder of the 100-yard dash record

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