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Eric Joseph Klein Partner, Intellectual Property

Eric is a trial lawyer who focuses on intellectual property matters with a particular emphasis on patent litigation.

Eric has a broad background in engineering and extensive experience building cases in highly technical subject-matter areas. His practice encompasses all aspects of case preparation, discovery, expert preparation, claim construction, trial preparation and trial. Eric’s technical experience spans a variety of technical fields, including computer hardware and software, Internet-related technologies, cell phone technologies, computer and data networking, wireless communication and semiconductors. In particular, he has litigated numerous cases involving telecommunications technologies and standards, such as Wi-Fi (802.11), WiMAX (802.16), CDMA, UMTS (3G), LTE (4G), GSM and Bluetooth.

Eric has successfully argued at Markman hearings and has taken and defended numerous depositions, including critical inventor and expert depositions. He has argued motions, presented witnesses and successfully briefed transfer motions, claim construction issues and summary judgment motions. He has represented a wide array of individuals and corporations in connection with their intellectual property litigation.

Experience Highlights

  • (E.D. Tex.) – Obtained jury verdict of noninfringement for leading smartphone maker in patent litigation involving universal remote control technology
  • (Fed. Cir.); (D. Del.) — Defended several major gaming companies in a patent infringement lawsuit related to peer-to-peer network technologies; obtained summary judgment of non-infringement after successful claim construction proceedings; Federal Circuit affirmed on appeal
  • (E.D. Tex.) — Represented a major original-design manufacturer against a competitor in a patent infringement lawsuit pending in the Eastern District of Texas; obtained a complete defense verdict in a jury trial on four patents related to digital television technology; affirmed on appeal
  • (D. Or.) — Represented one of the world’s largest personal computer manufacturers accused of patent infringement related to its software products; obtained summary judgment invalidating both asserted patents under § 101
  • (D. Del.) — Defended a Fortune 50 financial institution against infringement claims related to front-end network gateways and search criteria for efficient provision of financial quotes; the court granted our client’s motion to dismiss based on lack of patentability of the alleged invention
  • (D. Del.); (PTAB) — Defended the world’s leading PC provider against infringement claims relating to communicating voice and data over a cellular network; succeeded in instituting inter partes review of all asserted claims; after we obtained a favorable claim construction, the plaintiffs stipulated to non-infringement; in exchange for withdrawing the instituted petitions for inter partes review, plaintiffs agreed to waive their appeal rights, broadly licensed the patents at no cost to our client, and dismissed all claims with prejudice 
  • (E.D. Tex.) — Defended 21 of the world’s largest telecommunications companies (six handset manufacturers and 15 wireless carriers) in litigation regarding the invention of smartphone technology; won summary judgment of indefiniteness and invalidated all asserted claims in inter partes reexamination
  • (E.D. Tex.); (C.D. Cal); (E.D.N.C.) — Defended the world’s leading personal computer company in multiple cases relating to the invention of the touchscreen computer; won summary judgment of non-infringement in the lead case
  • (Fed. Cir.); (N.D. Cal.) — Defended a leading wireless manufacturer against infringement claims based on data transfer and voice calls on Wi-Fi networks; the case was won on summary judgment of non-infringement, affirmed on appeal 
  • (N.D. Cal.) — Prosecuted an offensive patent infringement case against an offshore personal computer manufacturer relating to personal computer power management and start-up technologies
  • (E.D. Tex.); (N.D. Cal.) — Represented one of the world’s largest personal computer manufacturers accused of patent infringement related to its IEEE 802.11 (WiFi), IEEE 802.16 (WiMAX) and Bluetooth-compliant products
  • (E.D. Tex.); (D. Del.) — Representing a major computer and electronic home appliance company in a patent infringement action involving liquid crystal display technology
  • (E.D. Tex.) — Represented a major oil services company as plaintiff and defendant in a variety of patent infringement litigation relating to drill bit design and other oilfield technologies
  • (E.D. Tex.) — Represented a large wireless communication services company in its prosecution of trademark infringement claims
  • (N.D. Tex.) — Represented a nutritional supplement manufacturer accused of trademark infringement and unfair competition in federal court

Contact Details


T +
F +1.214.999.7782
Trammell Crow Center
2001 Ross Avenue
Suite 3900
Dallas, TX 75201
Local time: 8:57 AM
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Eric's Practices

  • Texas Tech University School of Law, J.D., 2003
  • Purdue University, M.E.E. in Electrical and Computer Engineering, 2007
  • Texas Tech University, M.B.A., 2002
  • Texas A&M University, B.S.C.E., 1999
  • Admitted to practice: Texas; United States Patent and Trademark Office
  • Engineer, Marathon Oil Company, 1996–2000
  • Selected to the Rising Stars List, Super Lawyers (Thomson Reuters), 2007–2009 and 2011–2015
  • Legal 500 U.S., Venture Capital and Emerging Companies, 2017
  • Member: Dallas Bar Association
  • Member: American Bar Association
  • Member: American Intellectual Property Association