Eric Lamison is the founding partner for the intellectual property trial practice group for Kirkland's San Francisco office, opened in January 2003. Eric began his career in Kirkland's Los Angeles office in 1995. His practice primarily involves patent infringement and related antitrust litigation, but also includes trade secret, trademark, trade dress, contract and business tort litigation. His experience includes successful patent infringement jury trial experience and patent litigation before the United States International Trade Commission ("ITC"). He represents clients in IP matters in many subjects, including computer science, electrical engineering and mechanical engineering.
Eric's courtroom performance and successful defense of Pioneer Corporation in a major patent case was noted in the January 2004 IP Law & Business article entitled Long-Term Sluggers - part of the IP Litigation Department of the Year contest. In 2008, Managing Intellectual Property noted Kirkland "stars such as Bob Krupka in Los Angeles and Eric Lamison in San Francisco" when choosing Kirkland for the "Patent Contentions Firm Of The Year" for the West Region. Eric was distinguished as one of The Best Lawyers in America for 2013 and 2014 in the field of Litigation - Patent. In 2012, Eric was recognized by the Legal 500 U.S. in the area of Patent Litigation: International Trade Commission for his work with Cisco. He was also selected as a "Super Lawyer" for Intellectual Property Litigation by Super Lawyers magazine from 2011-2013.
Exemplary Current and Prior Representations
ChriMar Technologies v. Cisco Systems Inc.: Defended Cisco against ChriMar’s patent assertions in the ITC. ChriMar ultimately dismissed its own ITC complaint. Currently defending Cisco in ChriMar’s parallel district court action proceeding in the Northern District of California.
MOSAID Technologies v. Cisco: Represented Cisco in a case brought by MOSAID before the U.S. International Trade Commission. MOSAID alleged that Cisco infringed six patents and sought to have the ITC exclude numerous products from sale on the United States market. Won numerous pretrial motions in favor of the client. The case was dismissed by MOSAID the day before trial. Currently represent Cisco in parallel litigation in Delaware district court.
Cisco Systems Inc., et al. v. Rembrandt Technologies, LP, et al.
Represented Cisco Systems/Scientific-Atlanta, Motorola, Thomson, Inc., and virtually all major manufacturers of cable modem equipment used for high speed cable Internet in a patent and antitrust action against Rembrandt Technologies, LLC. Rembrandt claimed that eight AT&T Paradyne patents it bought supposedly covered the cable industry standard for high speed cable modem equipment and related high speed Internet services. After vigorous discovery in which Kirkland discovered evidence relating to alleged on-sale bars to validity, alleged inequitable conduct, and alleged spoliation of documents, Rembrandt moved to dismiss its own law suits and extended a covenant not to sue on all eight patents-in-suit to Kirkland's clients and their customers.
Eric now represents our clients in pursuing an Exceptional Case Determination and award of attorneys' fees and expenses against Rembrandt.
Hybrid Patents, Inc. v. Charter Communications, Inc. (2006-2007)
Won a jury trial defense verdict in July 2007 in this Eastern District of Texas case before Judge Ward. Charter hired Kirkland to take over defense less than 12 months before trial. Plaintiff alleged that all cable modems in the United States implement a specifciation called DOCSIS, "Data Over Cable Service Interface Specification," which allegedly violated the asserted patents. Hybrid sought 176 million in alleged royalty damages. The Jury returned its non-infringement verdict in less than 45 minutes.
SimpleAir Holdings v. eBay Inc. et al. (2006-2008)
Defended principally eBay, Yahoo! and MySpace in this patent infringement action in the Eastern District of Texas. Plaintiff claimed to have patents covering the transmission of alerts to mobile devices such as cellular telephones. Matters settled including one settlement obtained while our motion for summary judgment of non-infringement under Muniauction was pending.
Rackable Systems v. Super Micro Computer (2005-07)
Pursued Rackable's patent infringement claims against Super Micro in this case filed in the Northern District of California. Case concerned Rackable's innovative configurations for servers used, for example, in data centers. Case settled at mediation before trial and shortly after winning summary judgment of no inequitable conduct and defeating Super Micro's motion for summary judgment of non-infringement.
Connectel LLC v. Cisco Systems, Inc. (2004-06)
Defended Cisco in this patent infringement action in the Eastern District of Texas. Plaintiff had sought over six billion dollars in damages. Obtained an order from Judge Davis compelling ConnecTel to provide more detailed infringement contentions, obtained our requested claim construction on Markman, and obtained an order from Judge Davis granting Cisco's motion for leave to amend its claims against ConnecTel to include Section 17200 unfair competition counterclaims due to ConnecTel's unfair business practices in conducting its patent assertion business. ConnecTel then asked to continue its own trial date, and the case settled promptly thereafter.
Infineon Technologies North America Corp. v. MOSAID Technologies (2003-05)
Represented Infineon in pursuit of declaratory judgment of non-infringement and patent invalidity with respect to MOSAID's assertions of a portfolio of patents against DRAM. After filing declaratory relief case, argued to the MDL panel and obtained MDL consolidation with previously pending MOSAID patent case. After MDL consolidation, our team obtained desired claim constructions, won summary judgment of non-infringement and restricted potential damages for lack of patent marking or notice.
CARD, LLC et al. v. Shuffle Master, Inc. (2003-04)
Won preliminary injunction for Shuffle Master in this patent infringement case against CARD after completion of expedited discovery and a two-day hearing in Reno, Nevada. Case concerned Shuffle Master's patents to automatic shuffling machines.
Honeywell International Inc., et al. v. ABB Inc., et al. (2003)
Won preliminary injunction from the district court against ABB for infringing Honeywell's patent to "boreless" turbocharger following expedited discovery and hearing. Case subsequently settled.
In the Matter of Certain Set-Top Boxes and Components Thereof, Investigation No. 337-TA-454 (2001-02)
Won favorable initial decision for Pioneer Corporation in what was reported as the largest patent infringement case in the history of the United States International Trade Commission ("ITC"). Gemstar filed an ITC complaint against Pioneer Corporation and affiliates, Scientific-Atlanta, Inc. and Echostar Communications for alleged patent infringement. Case related to cable television set-top boxes and television program guide software. IP Law & Business referenced Eric's cross-examination of the opponent's lead technical witness and expert – in what was reportedly the largest patent case in the history of the ITC – in connection with The American Lawyer's Intellectual Property Department of the Year contest for 2003. Client settled with Gemstar while the matter was on appeal to the Federal Circuit.
Gemstar Development Corporation and Index Systems, Inc. v. Pioneer Electronic Corporation et al. (1999-2002)
Won summary judgment of non-infringement for Pioneer in defense of patent infringement claims Gemstar asserted in multidistrict litigation ("MDL") in federal court in Atlanta, Georgia. Case related to set-top boxes and program guide software.
Resonance Technology, Inc. v. Siemens Medical Systems, Inc. (1997-99)
Defended Siemens Medical Systems, Inc. in federal district court in California against patent infringement and trade secret claims. Action related to MRI technology and computer displays. Defeated plaintiff's motion for preliminary injunction.
IGT and Action Gaming, Inc. v. Silicon Gaming, Inc. (1999)
Won temporary restraining order ("TRO") and preliminary injunction from the district court for Las Vegas, Nevada, enjoining Silicon Gaming's patent infringement.Clients' patent related to successful video poker games such as Triple Play Poker. Case resolved thereafter.
Minnesota Mining and Manufacturing Co. v. International Biophysics Corp (1998-99)
Represented 3M in this action before the federal district court in California, where we pursued IBC for infringing 3M's patents relating to blood gas monitoring. Argued Markman hearing and obtained requested claim construction. Subsequently we defeated IBC's motions for summary judgment of patent invalidity and unenforceability. We then obtained a confidential settlement.
Lockheed Martin Corporation v. Raytheon Company (1999)
Defended Raytheon in this trade secret and breach of contract action brought by Lockheed in federal district court in Fort Worth, Texas. After expedited discovery, Kirkland's trial team defeated Lockheed's motion for preliminary injunction. Lockheed dropped its lawsuit immediately thereafter.
International Technologies Consultants, Inc. v. Guardian Industries Corp. (1998‑99)
Represented Guardian Industries Corp. in federal district court in Arizona in defense of antitrust and tort allegations brought by International Technologies Consultants, Inc. regarding Guardian's intellectual property rights and trade secrets. Kirkland obtained confidential settlement following motion practice and mediation.
Bestfoods and Bestfoods Baking Co. v. Sara Lee Corporation (1998)
Defended Sara Lee Corporation in this federal court case in northern California. Bestfoods alleged trademark and trade dress infringement. We defeated Bestfoods' motion for a preliminary injunction.
Thiem Industries, Inc. v. Delco Systems Operations (1995‑97)
Represented Delco Electronics Corporation in Orange County state court in defending Thiem Industries, Inc.'s breach of contract and tort allegations and in pursuing Delco's counterclaims against Thiem and its parent corporations for fraud, breach of contract, fraudulent transfer of assets and unlawful shareholder distributions. Obtained settlement for counter-claimant Delco Electronics Corporation.
Patent Law: A Primer For Federal District Court And Magistrate Judges, 2nd Edition
Co-author with James M. Amend of the Second Edition of the Primer
Berkeley Center for Law & Technology and the Stanford Program in Law, Science & Technology 14th Annual Silicon Valley Advanced Patent Law Institute held in Palo Alto, California (December 2013)
Topic: Remedies: Developments in Damages and Injunctive Relief
University of Texas School of Law 13th Annual Advanced Patent Law Institute, held in Silicon Valley, California (December 2012)Topic: ITC: Domestic Industry and Remedies
University of Texas School of Law 12th Annual Advanced Patent Law Institute, held in Silicon Valley, California (December 2011)Topic: Litigation Holds and Spoliation Issues in Patent Litigation
University of Texas School of Law 11th Annual Advanced Patent Law Institute, held in Silicon Valley, California (December 2010)
Federal Circuit Bar Association/Berkeley Center for Law & Technology, The Legal System & Patent Damages Conference, Trial Lawyers Panel (October 2010)
Strafford Publications, Legal Seminar Co-Presenter (August 2010)Topic: Joint Defense in Patent Litigation
University of Texas School of Law 10th Annual Advanced Patent Law Institute, held in Silicon Valley, California (December 2009)
Topic: Venue Transfers & Strategic Forum Selection
Berkeley Center for Law & Technology (2007)
Topic: Patent Trial Practice in the Eastern District of Texas
ABA 20th Annual Intellectual Property Law Conference (April 2005)Preliminary Injunction Practice Pointers Bench & Bar Panel
Berkeley Center for Law & Technology (2005)
Topic: Patent Infringement Litigation before the International Trade Commission
USC Law School 2004 Intellectual Property Institute
Mock Preliminary Injunction Hearing in a Patent Case
Berkeley Center for Law & Technology (2004)
Topic: Patent Trial Practice in the Eastern District of Texas
Berkeley Center for Law & Technology (2004)
Topic: Preliminary Injunctions in Patent Infringement Litigation
Berkeley Center for Law & Technology (2003)
Topic: Patent Infringement Litigation in the International Trade Commission
Berkeley Center for Law & Technology (2001)
Patent Prosecution and Litigation
Kirkland & Ellis Technology Seminar (2000)
Intellectual Property Aspects of Content Encryption and Delivery
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court, Northern District of California
United States District Court, Southern District of California
United States District Court, Eastern District of California
United States District Court, Central District of California
United States Court of Appeals for Veterans Claims