Eric W. Schweibenz
Partner
Bar Membership Other Than Virginia
Tel (703) 413-3000

Eric W. Schweibenz

Partner

ERIC W. SCHWEIBENZ, an experienced intellectual property lawyer, is a partner in the firm’s Litigation and ITC Litigation practice groups focused on patent litigation in the federal courts and before the U.S. International Trade Commission (ITC).

His extensive experience in complex litigation includes representing both domestic and foreign companies and their U.S. affiliates and subsidiaries across a spectrum of diverse technologies, including medical devices, semiconductors, automotive and hybrid electric vehicles, gas turbine engines, liquid crystal display innovations, and oil and steel production. Mr. Schweibenz has worked on Section 337 ITC investigations, patent and trademark infringement and antitrust actions, Section 146 actions, patent interference cases, and assists with inter partes and ex parte reexaminations at the United States Patent and Trademark Office (USPTO).

A skilled litigator, Mr. Schweibenz has particular experience relating to electronic discovery and its complexities, as well as trial preparation. Taking a team approach, he works collaboratively with his clients and other firm members knowledgeable in the particular technology at issue to obtain the best results for his clients.

In his counseling role, Mr. Schweibenz analyzes and drafts licensing and technology sharing and transfer agreements as well as collaborative research and development agreements. Mr. Schweibenz also offers guidance on litigation avoidance, risk management, and post-litigation strategies.

Mr. Schweibenz regularly monitors litigation to evaluate how decisions may impact his clients and their industries. He also manages and actively contributes to the firm’s legal blog devoted exclusively to Section 337 investigations before the ITC – the ITC 337 Law Blog. The site is the leading blog of its kind and provides insights about the ITC’s daily activity and significant decisions. In this role, Mr. Schweibenz stays intimately familiar with all ITC investigations, the decisions, and their implications.

Before joining the firm, Mr. Schweibenz was an associate at another Alexandria, Virginia intellectual property firm and a major Washington, D.C. law firm.

Representative Matters

Representing Toyota and Subaru in an ongoing action involving RFID-based vehicle immobilization.  Rydex, Ltd., v. General Motors Co. et al., C.A. No. 4:11-cv-00122 (S.D. Tex.).

Representing ArcelorMittal in an ongoing action involving steel production. ArcelorMittal France et al. v. AK Steel Corp. et al., C.A. No. 10-050-SLR (D. Del.).

Representing SMC Corporation in an ongoing Section 337 proceeding involving connectors used in pneumatic devices. Certain Connecting Devices (“Quick Clamps”) for Use with Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators (“FRLs”) That Are Part of Larger Pneumatic Systems and the FRL Units They Connect, 337-TA-587 (U.S. ITC).

Representing MemsTech Berhad in an ongoing Section 337 proceeding involving silicon microphone packages. Certain Silicon Microphone Packages and Products Containing Same, 337-TA-629 (U.S. ITC).

Representing SkyHawke Technologies in an ongoing action involving golf-related GPS technology. GPS Industries, Inc. et al. v. SkyHawke Technologies et al., C.A. No. 3-07-0831-K (N.D. Tex.).   

Represented Toyota in an action involving automatic transmission technology for automobiles. Toyota Motor Corp. v. Hyundai Motor Co., Ltd., C.A. No. 07-1822-FMC (C.D. Cal. 2007).

Represented Tandberg in actions involving video coding technology. Tandberg, Inc. v. Multimedia Patent Trust, C.A. No. 1-09-0456-SLR (D. Del. 2009) and Multimedia Patent Trust v. Tandberg, Inc., C.A. No. 3-09-01377 (S.D. Cal. 2009).

Represented VersaMed in actions involving medical device technologies. Pulmonetic Systems, Inc. v. VersaMed Medical Systems, Inc., C.A. No. 1-06-00564-JJF (D. Del. 2006) and Viasys Respiratory Care Inc. et al. v. VersaMed Medical Systems, Inc., 1-06-00579-JJF (D. Del. 2006).

Represented Rolls-Royce in a Section 146 action involving gas turbine engine technology. Rolls-Royce, plc v. United Technologies Corp., 1-05-00362-LMB (E.D. Va. 2005).

Represented Nikon in a Section 337 proceeding involving microlithography-related technologies. Certain Microlithographic Machines and Systems, and Components Thereof, 337-TA-468 (U.S. ITC 2003).

Represented Toyota in an action involving hybrid electric vehicle technology. Field Hybrids, LLC v. Toyota Motor Corp. et al., C.A. No. 0-03-04121-ADM (D. Minn. 2005).

Represented Rolls-Royce in an action involving gas turbine engine technology used in marine vessels. Ivan G. Rice v. Rolls-Royce, plc et al., C.A. No. 6:05-00330 (E.D. Tex. 2006).

ALJ Essex Grants Motion To Terminate Investigation As To Barnes & Noble In Certain Handheld Electronic Computing Devices (337-TA-769)
Wednesday, May 16, 2012

On May 11, 2012, ALJ Theodore R. Essex issued Order No. 41 in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).

ALJ Bullock Sets Procedural Schedule In Certain Food Storage Containers (337-TA-835)
Wednesday, May 16, 2012

Further to our April 9, 2012 and May 3, 2012 posts, on May 11, 2012, Chief ALJ Charles E....

ALJ Essex Grants Motion To Terminate Investigation As To Inventec In Certain Handheld Electronic Computing Devices (337-TA-769)
Wednesday, May 16, 2012

On May 11, 2012, ALJ Theodore R. Essex issued Order No. 40 in Certain Handheld Electronic Computing Devices, Related Software, And Components Thereof (Inv. No. 337-TA-769).

ALJ Gildea Rules On Motions To Amend Expert Report And Strike In Certain Electronic Devices, Including Wireless Communication Devices, Portable Music And Data Processing Devices, And Tablet Computers (337-TA-794)
Monday, May 14, 2012

On May 10, 2012, ALJ E. James Gildea issued Order No. 64 denying Complainants Samsung Electronics Co., Ltd. and Samsung Telecommunications America, LLC’s (collectively, “Samsung”) motion to amend its expert report and Respondent Apple Inc.’s (“Apple”) motion to...

ALJ Bullock Rules On Motion For Default Judgment In Certain Digital Televisions (337-TA-789)
Friday, May 11, 2012

On May 10, 2012, Chief ALJ Charles E. Bullock issued Order No. 54 in Certain Digital Televisions and Components Thereof (Inv. No. 337-TA-789).  In the Order, ALJ Bullock denied Complainant Vizio, Inc.’s (“Vizio”) motion for entry of an Initial...

ALJ Shaw Sets Target Date In Certain Audiovisual Components (337-TA-837)
Friday, May 11, 2012

Further to our April 13, 2012 post, on May 10, 2012, ALJ David P. Shaw issued Order No. 3 in Certain Audiovisual Components and...

ALJ Gildea Grants Motions To Terminate Investigation In Certain Blu-Ray Disc Players (337-TA-824)
Friday, May 11, 2012

On May 10, 2012, ALJ E. James Gildea issued Order Nos. 15 and 16 in Certain Blu-Ray Disc Players, Components Thereof and Products Containing Same (Inv. No. 337-TA-824).

ALJ Rogers Grants Motion To Terminate Investigation As To Digital Spectrum Solutions In Certain Digital Photo Frames And Image Display Devices (337-TA-807)
Friday, May 11, 2012

On May 10, 2012, ALJ Robert K. Rogers, Jr. issued Order No. 32 in Certain Digital Photo Frames And Image Display Devices and Components Thereof (Inv. No. 337-TA-807).

ALJ Rogers Issues Notice Of Initial Determination In Certain Polyimide Films (337-TA-772)
Thursday, May 10, 2012

On May 10, 2012, ALJ Robert K. Rogers, Jr. issued a notice regarding the Initial Determination on Violation (“ID”) in Certain Polyimide Films, Products Containing Same, and Related Methods (Inv. No. 337-TA-772).
By way of background, the Complainant in...

ALJ Pender Rules On Motion To Recover Costs And Motion For Show Cause Order In Certain Automotive GPS Navigation Systems (337-TA-814)
Thursday, May 10, 2012

On May 8, 2012, ALJ Thomas B. Pender issued Order No. 8 in Certain Automotive GPS Navigation Systems, Components Thereof, and Products Containing Same (Inv. No. 337-TA-814).
In the Order, ALJ Pender denied Respondents Mazda, Hyundai, and Kia’s motion...

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