Erik C. Shallman
Erik is a trial lawyer and adviser who focuses on intellectual property issues with a primary emphasis on patent litigation and trade secret litigation. Erik’s experience extends to all phases of intellectual property litigation, from pre-suit investigation through discovery, expert preparation, trial, and appeal. Erik has represented clients before numerous federal district courts, the U.S. Court of Appeals for the Federal Circuit, the U.S. International Trade Commission, and the U.S. Patent and Trademark Office, in matters touching on a variety of technical fields including cellular data protocols, wireless communication, data networking, battery materials, and mechanical tools.
Prior to attending law school, Erik worked as a materials engineer developing solutions for assessing and maintaining the integrity of aging underground nuclear waste storage tanks.
Experience Highlights
Representing a global leader in solar cell technology in patent infringement litigation regarding innovations in solar panel modules
(N.D. Cal.); (E.D. Tex.); (ITC) — Represented a national telecommunications provider in patent infringement action involving VOIP and cellular networking technology
(E.D. Tex.) — Represented a smartphone handset manufacturer in multiple patent infringement matters relating to standard-essential cellular telephony patents
(S.D. Tex.) Represented leading independent manufacturer of downhole drilling motor power sections against competitor in trade secret misappropriation case related to elastomer compounds
(W.D. Tex.) — Defended major sports team in patent infringement litigation regarding online ticketing technology
(W.D. Tex.) — Defended oil well completion and wireline services company in patent infringement litigation regarding casing floatation technologies
(E.D. Tex.) — Represented a multinational display manufacturer in patent infringement litigation related to liquid crystal display (LCD) technologies, resulting in a favorable settlement
(W.D. Tex.) — Assisted with defending a real estate listing and insight company in patent infringement litigation regarding search result and user interface technology, resulting in a favorable settlement
(E.D. Tex.) — Assisted with defending a multinational display manufacturer in patent infringement litigation brought by a non-practicing entity who acquired part of a patent portfolio originally owned by a major handset manufacturer
(Tex. Dist.) — Assisted with defending oil well construction, completion, and production company and employee in trade secret misappropriation dispute regarding hiring of ex-employee and purported solicitation of customers, leading to a successful resolution of the dispute
(E.D. Tex.) — Defended major consumer electronics company in patent infringement litigation regarding 3D tracking and haptic response of hand-held input devices for virtual reality and other gaming systems
Credentials
- University of San Francisco, J.D./MBA summa cum laude, 2014 (Articles Editor, USF Law Review Vol. 48; McAuliffe Honors Society)
- University of Idaho, B.S. Metallurgical Engineering/Materials Science & Engineering summa cum laude, 2009
- Materials Engineer, Washington River Protection Solutions, 2009 – 2010
- The Best Lawyers in America© (BL Rankings, LLC), “Ones to Watch,” (Austin): Intellectual Property Law, 2021–2024; Litigation–Patent, 2021–2024
- Law360, Selected as “Legal Lions of the Week” for Federal Circuit Court victory (March 2024)
- Fellow: Texas Bar Foundation
- Member: Austin Intellectual Property Law
- California
- Texas
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Northern, Eastern, Southern, and Western Districts of Texas
- U.S. District Court for the Northern District of California
- Deals & CasesMarch 29, 2024
- Press ReleaseNovember 29, 2023
- Rankings & AwardsAugust 21, 2023
- InsightJuly 5, 2023
V&E IP Update
- Rankings & AwardsAugust 18, 2022
- “Supreme Court and Federal Circuit Annual Review,” Austin Intellectual Property Law Association, August 23, 2023 (panelist)
- “Laptop Logistics: Issues Every Attorney Should Know About the Data at their Fingerprints,” CLE Presentation, June 22, 2021, September 15, 2021 (co-presenter)
- “Up in the Air: Clarifying Cloud Storage Protections,” 19 Intellectual Property L. Bull. 49, 2014
News & Insights
V&E IP Update