Andrew Schwerin

Associate

Saul Ewing LLP

Andrew Schwerin is an Associate with Saul Ewing. He represents clients in patent and trade secret litigation on both the plaintiff and defense sides of these disputes. Outside of his litigation work, Andrew counsels clients on their IP strategy. Andrew has represented clients in connection with a range of technologies including computing and memory storage, medical devices, biologics, and small molecule drugs.

Andrew’s knowledge of patent matters is informed by his experience as a term clerk for the Honorable Christopher J. Burke in the U.S. District Court for the District of Delaware, one of the busiest patent venues in the United States. In this role, Andrew drafted pretrial decisions for cases involving computer, software, drug and medical device technologies.

Recent Articles by Andrew Schwerin

Beyond Patents: Trademark Protection for Products Covered by Utility Patents

The purpose behind the prohibition of functional trademarks is so that the trademark holder does not unfairly stifle legitimate competition by precluding its competitors from using functional aspects of that product in their own, competing products…. Trademark owners nonetheless can still protect non-functional aspects of products also covered by a utility patent, at least for the time being. The Supreme Court in TrafFix did not foreclose the possibility that ornamental or arbitrary elements of a product features could constitute protectable trade dress despite concurrent utility patent protection. Recent cases show some successes by trademark plaintiffs stating claims for trade dress infringement despite their product being disclosed in a utility patent, at least at the pleadings stage.

July 7, 2025

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