Overview

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.

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Experience Highlights

  • Represented 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

Education

  • 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

Admissions

  • 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

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Recognitions

  • The Best Lawyers in America© (BL Rankings, LLC), “Ones to Watch,” (Austin): Intellectual Property Law, 2021–2026; Litigation–Patent, 2021–2026; Commercial Litigation, 2026
  • Law360, Selected as “Legal Lions of the Week” for Federal Circuit Court victory (March 2024)
Insights

Client Alerts

Supreme Court Overturns Billion-Dollar Copyright Verdict: Knowledge Isn’t Enough for Contributory Copyright Infringement in the Digital Age

On March 25, 2026, the Supreme Court reversed a billion-dollar verdict against Cox Communications, Inc. (“Cox”), holding that an Internet …

March 30, 2026

March 30, 2026 • 6-minute read

Client Alerts

Section 337 Gets a Makeover: Federal Circuit Expands Economic Domestic Industry Criteria

The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) recently issued a landmark decision in Lashify, Inc. v. International Trade Commission,1 expanding what expenditures count to prove the economic prong of the domestic industry requirement, in a move that could significantly impact companies involved in Section 337 investigations before the U.S. International Trade Commission (“ITC”).

March 12, 2025 • V&E Intellectual Property Update

March 12, 2025 • 5-minute read

AOL - International Trade Commission Lit

Client Alerts

Re-“Designing” a New Standard: The Federal Circuit Aligns Obviousness Test for Design and Utility Patents

In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents. Eric Klein, Erik Shallman, Patrick Wroe

May 23, 2024 • V&E IP Update

May 23, 2024 • 3-minute read

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Client Alerts

The Battle of the ‘Trons’: SCOTUS Nixes Extraterritorial Application of the Lanham Act

The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States.

July 5, 2023 • V&E IP Update

July 5, 2023 • 4-minute read

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News & Achievements