Eric W. Schweibenz
Partner
Bar Membership Other Than Virginia
Tel (703) 412-4539

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 Motorola Mobility in ongoing Section 337 proceeding involving mobile electronic devices. Certain Mobile Electronic Devices Incorporating Haptics, 337-TA-834 (U.S. ITC).

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).

ITC Institutes Enforcement Proceedings in Certain Two-Way Global Satellite Communication Devices (337-TA-854)
Thursday, May 23, 2013

On May 20, 2013, the U.S. International Trade Commission (“the Commission”) issued a notice and order instituting enforcement proceedings in Certain Two-Way Global Satellite Communication...

Rohm and Haas and Dow File New 337 Complaint Regarding Certain Opaque Polymers
Wednesday, May 22, 2013

On May 20, 2013, Rohm and Haas Company of Philadelphia, Pennsylvania, Rohm and Haas Chemicals LLC of Philadelphia, Pennsylvania, and The Dow Chemical Company of Midland, Michigan (collectively, “Complainants”) filed a complaint requesting that the ITC commence an...

Graphics Properties Holdings Files New 337 Complaint Regarding Certain Consumer Electronics With Display And Processing Capabilities
Tuesday, May 21, 2013

On May 17, 2013, Graphics Properties Holdings, Inc. of New Rochelle, New York (“GPH”) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.

Federal Circuit Affirms In Motiva Appeal (2012-1252)
Tuesday, May 21, 2013

On May 13, 2013, the Federal Circuit issued its opinion in Motiva, LLC v. Int’l Trade Comm’n (2012-1252).  This was an appeal by Motiva, LLC (“Motiva”) from the International Trade Commission’s (the “Commission”) final...

ALJ Essex Grants New Motion To Terminate Investigation As To Pantech In Certain Electronic Imaging Devices (337-TA-850)
Tuesday, May 21, 2013

On May 13, 2013, ALJ Theodore R. Essex issued Order No. 26 (dated May 10, 2013) in Certain Electronic Imaging Devices (Inv. No. 337-TA-850).

ALJ Bullock Denies Motion To Compel For Failure To Include Separate Memorandum In Certain Sintered Rare Earth Magnets (337-TA-855)
Tuesday, May 07, 2013

On April 16, 2013, Chief ALJ Charles E. Bullock issued Order No. 95 in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (337-TA-855).

ALJ Bullock Grants Non-Party Motion To Quash Subpoena In Certain Sintered Rare Earth Magnets (337-TA-855)
Tuesday, May 07, 2013

On April 16, 2013, Chief ALJ Charles E. Bullock issued the public version of Order No. 90 (dated April 2, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (337-TA-855).
According to the Order, non-...

ITC Institutes Investigation (337-TA-880) Regarding Certain Linear Actuators
Friday, May 03, 2013

On April 30, 2013, the U.S. International Trade Commission issued a press release announcing their vote to institute an investigation of Certain Linear Actuators (Inv. No. 337-TA-880).

ALJ Bullock Denies Discovery Motions In Certain Sintered Rare Earth Magnets (337-TA-855)
Friday, May 03, 2013

On April 23, 2013, Chief ALJ Charles E. Bullock issued Order Nos. 91 (dated April 4, 2013), 93 (dated April 9, 2013), and 94 (dated April 16, 2013) in Certain Sintered Rare Earth Magnets, Methods of Making Same, and Products Containing Same (Inv. No. 337-TA-855).

ALJ Gildea Sets 16-Month Target Date In Certain Microelectromechanical Systems (“MEMS Devices”) (337-TA-876)
Friday, May 03, 2013

Further to our April 10, 2013 post, on April 17, 2013, ALJ E. James Gildea issued Order No. 2 in...

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