Andriy Lytvyn

Andriy Lytvyn is a U.S. registered patent attorney who helps companies with valuable technology and brands protect, enforce, and commercialize their intellectual property through patent and trademark prosecution, strategic management of IP portfolios, federal IP litigation, and IP aspects of corporate and M&A transactions. He earned his J.D. from Boston University School of Law and holds undergraduate degrees in Aerospace and Mechanical Engineering from the University of Florida, giving him a high level of technical fluency in the protection and enforcement of IP rights. Andriy is Board Certified in Intellectual Property Law by The Florida Bar and is one of only 132 attorneys in Florida to hold this credential. In 2026, he was reappointed to a second three-year term on The Florida Bar's Intellectual Property Law Certification Committee, which sets the standards governing Board Certification in the specialty.

Andriy's career highlights include appellate advocacy before the U.S. Court of Appeals for the Federal Circuit that resulted in the reversal of adverse United States Patent and Trademark Office (USPTO) decisions in precedential opinions shaping national standards for brand protection and patent validity:

• In re Bayou Grande Coffee Roasting Co., 128 F.4th 1360 (Fed. Cir. 2025): As lead counsel for Kahwa Coffee, Andriy briefed and argued the appeal that reversed a Trademark Trial and Appeal Board (TTAB) refusal of the KAHWA trademark. The court held that the USPTO cannot deny federal trademark protection based on "pure speculation" and must provide actual marketplace evidence to support a refusal. The decision also established that the doctrine of foreign equivalents does not apply when a mark has an established English-language meaning.
• DSS Technology Management, Inc. v. Apple Inc., 885 F.3d 1367 (Fed. Cir. 2018): Andriy served as lead briefing counsel in this precedential case, in which the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) invalidation of a patent for a wireless communications protocol. The court established that the USPTO cannot substitute "common sense" for evidence-based analysis when patents are directed to complex technological inventions. The decision has been cited in over 900 subsequent decisions, including three Federal Circuit opinions.

Drawing on over 15 years of USPTO practice, Andriy manages domestic and international IP portfolios for a diverse range of clients, from venture-backed startups to publicly traded Fortune 500 companies. His experience spans electromechanical, medical device, telecommunications, software, consumer products, and retail security technologies. Andriy has represented clients in more than 30 inter partes review (IPR) proceedings, secured over 220 U.S. patents, and prosecuted hundreds of federal trademark registrations. He has also supported IP diligence on corporate and M&A transactions exceeding $1 billion in aggregate value. His approach focuses on obtaining litigation-grade assets designed for assertion and defensibility in adversarial proceedings.

Andriy has served since 2022 as Co-Chair of the Hillsborough County Bar Association's Intellectual Property Section and is a frequent national speaker on intellectual property and emerging-technology issues. Outside the office, he is a fitness enthusiast who enjoys watersports and traveling with his family.