Overview

Eric is a full-time litigation associate with a broad base of experience in patent, trademark and copyright law.  He has worked with clients in a wide array of industries, including pharmaceuticals, biotechnology, fashion, entertainment and social networking, in matters involving abbreviated new drug applications, patent infringement, trademark infringement, trademark licensing, internet domain name disputes and breaches of contract.  He has won precedent-setting issues before the Federal Circuit Court of Appeals, and has helped clients avoid millions of dollars of damages in patent litigation.

Eric has made substantial contributions to legal and scientific scholarship, with publications spanning Intellectual Property Magazine, World Trademark Review, The Boston University Journal of Science and Technology Law, and The Journal of Clinical Microbiology.  Eric is also a regular editor and contributor “The Ordinary Observer,” L&A’s design patent blog, and regularly presents on legal issues relevant to utility and design patent law to legal professionals.

Before joining L&A, Eric received a Bachelor of Science in Biology from Case Western Reserve University, and spent two years working towards malaria eradication at Case Western Reserve University’s Center for Global Health and Diseases.  Thereafter, he attended the Boston University School of Law where he served on the editorial board for the B.U. Journal of Science and Technology Law.

Representative Cases

Patent Cases:

Millipore Corporation et al. v. AllPure Technologies, Inc. – (Federal Circuit) Counsel for AllPure in appeal of summary judgment of no infringement. Won precedent-setting affirmance of summary judgment of no literal infringement and no infringement under the doctrine of equivalents.

3-D Matrix, Inc., 3-D Matrix, Ltd. and Massachusetts Institute of Technology v. Menicon Co., Ltd. and B-Bridge International, Inc. – (D. Mass.). Representing 3-D Matrix and MIT in patent litigation relating to self-assembling peptides. This case is ongoing.

Kickstarter, Inc. v. ArtistShare, Inc., et al. – (S.D.N.Y.). Representing ArtistShare in patent litigation involving a system for crowd funding artistic projects.  This case is ongoing.

Evolutionary Intelligence, LLC v. Foursquare Labs, Inc., – (N.D. Cal.). Representing Foursquare in patent infringement action relating to object-oriented programming.  This case is ongoing.

Blue Calypso, Inc. v. Foursquare Labs, Inc., – (E.D. Tex.). Representing Foursquare in patent infringement action relating to the distribution of advertisements between communications devices. This case is ongoing.

Bristol-Myers Squibb Co, et al. v. Teva Pharmaceuticals USA Inc. – (S.D.N.Y.)  Helped force a favorable settlement permitting the sale of generic HIV medication eighteen months prior to the expiration of the patents related to the compound and formulation.

Trademark, Trade Secret and Copyright Cases:

Photographic Illustrators Corporation v. Orgill, Inc. and Farm & City Supply LLC– (D. Mass.) Counsel for Photographic Illustrators Corporation in litigation involving copyrighted images of consumer products.

Photographic Illustrators Corporation v.  ExpressLightbulbs.com LLC – (D. Mass.) Counsel for Photographic Illustrators Corporation in litigation involving copyrighted images of consumer products.

Photographic Illustrators Corporation v. BulbAmerica.com – (D. Mass.) Counsel for Photographic Illustrators Corporation in litigation involving copyrighted images of consumer products. Case settled.

Photographic Illustrators Corporation v. Superior Lighting Group, Inc. – (D. Mass.) Counsel for Photographic Illustrators Corporation in litigation involving copyrighted images of consumer products. Case settled.

BGI Instruments, Inc. v. Merrifield and Tisch Environmental, – (D. Mass.). Represented air quality monitoring company, BGI Instruments, in misappropriation of trade secrets case against its former employer and competitor. The case resulted in a favorable settlement for BGI.

Roof Deck Entertainment, LLC, et al. v. Marquee 15, LLC, et al. – (D. Nev.)  Successfully asserted clients’ rights in the “MARQUEE” trademark, helping to win a broad injunction against the defendants’ use of the term in relation to night clubs and entertainment venues.

Jim Beam Brands Co. v. Tequila Cuervo la Rojena S.A. de C.V. – (N.Y. Sup. Ct.)  Assisted Jim Beam in a breach of contract dispute concerning the “OLD CROW” trademark, resulting in a grant of summary judgment in Jim Beam’s favor.

Robbins v. Coca-Cola – (S.D. Cal.). Defended third-party against plaintiffs’ subpoena in class action litigation.  Subpoena withdrawn with prejudice.

Education and Prior Experience

  • Boston University School of Law, J.D.; Technical Editor – Boston University Journal of Science and Technology Law
  • Case Western Reserve University, B.S., Biology
  • Research Assistant, Case Western Reserve University Center for Global Health and Diseases

Admissions, Memberships, and Acknowledgements

  • Admitted to practice law in Massachusetts and New York
  • Registered to practice before several jurisdictions of the U.S. District Courts including the District of Massachusetts, the Southern District of New York and the Eastern District of New York
  • Admitted to practice before the Federal Circuit Court of Appeals
  • Registered to practice before the U.S. Patent and Trademark Office
  • Massachusetts Super Lawyers: Rising Star – Intellectual Property Litigation (2015 – 2017)