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Eric J. Lobenfeld
Partner, New York
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eric.lobenfeld@hoganlovells.com

Eric Lobenfeld has more than 35 years of experience litigating cases involving patent, trademark, copyright, antitrust, unfair competition, and complex commercial issues. He has first-chaired jury and non-jury trials in state and federal courts throughout the United States, conducted arbitrations, and argued in numerous U.S. state and federal appellate courts. He has participated in Markman claim construction proceedings for more than fifty patents.

Eric represents companies in a wide variety of industries, including computer hardware and software, pharmaceuticals, medical devices, bar code scanning, wireless local area networks, electrical components, television broadcasting, motion pictures, publishing, baby toys, and financial services.

Eric is a regular panelist in the Practising Law Institute's annual two-day patent litigation program, where he has given a demonstration of a closing argument in a patent jury trial.

REPRESENTATIVE EXPERIENCE
  • Representing Motorola Solutions in District of Delaware action against Round Rock Research seeking declaratory judgments that ten Round Rock patents concerning radio frequency identification (RFID) technology are invalid and not infringed.  Defending a variety of Motorola customers who were sued by Round Rock for infringement.  Leading the Joint Defense Group composed of the major suppliers of RFID equipment
  • Represented Takeda Pharmaceuticals in Hatch-Waxman patent infringement litigation against Teva concerning the compound for the blockbuster drug Prevacid®. Won a judgment after trial that the patent is valid and infringed. The Judgment was affirmed by the Federal Circuit.
  • Representing Takeda in multiple ANDA litigations concerning its oral disintegrating tablet formulation, Prevacid® Solu-Tab.
  • Representing Sprint Nextel in patent infringement litigation brought by High Point involving methods and apparatus concerning Sprint's CDMA cellular network.  Coordinate with Hogan Lovells partners in Europe and Japan who represent wireless carriers in infringement litigation on foreign counterpart patents.
  • Representing Tyco Integrated Security in patent infringement litigation brought by Vringo Infrastructure concerning mobile security management products.  
  • Representing 7-Eleven Company and Cardtronics in patent infringement litigation concerning ATM machines with Internet access. Won summary judgment of noninfringement and partial invalidity. Judgment was affirmed by the Federal Circuit.
  • Represented ESPN in patent infringement litigation brought by DDB concerning GameCast recreations of professional sports games on ESPN.com.  
  • Representing Depomed, Inc. in patent infringement litigation against Endo Pharmaceuticals concerning Depomed's innovative delayed release formulation patents. The patents cover Endo’s pain management drug Opana®.
  • Representing RedPrairie Software and it customers J. Crew and Kohl’s in separate ED TX patent infringement litigations brought by Soverain concerning four patents covering aspects of on-line retail transactions.  
  • Represented Motorola and two subsidiaries in patent infringement litigation against Aruba Networks, Inc. concerning wireless local area network infrastructure. Obtained a $20 million settlement for Motorola.
  • Represented Heidi Klum, Miramax, NBC Universal and The Walt Disney Company in two separate copyright infringement actions concerning the hit television reality series, "Project Runway." Obtained summary judgment of no infringement in one case, and a voluntary dismissal by the plaintiff in the other case.


RECENT PRESENTATIONS

18-19 NOVEMBER 2013
"Post AIA—Strategies in Litigation and Patent Prosecution," IP Summit. Fordham University, New York, NY

11-12 NOVEMBER 2013

“Expert Issues in Patent Litigation,” Practising Law Institute, New York, NY

12-13 NOVEMBER 2012
“Expert Issues in Patent Litigation,” Practising Law Institute, New York, NY

14-15 NOVEMBER 2011

“Expert Issues in Patent Litigation,” Practising Law Institute, New York, NY

17-18 NOVEMBER 2008
“Demonstrations of a Closing Argument in a Patent Jury Trial,” Practising Law Institute, New York, NY

22-23 OCTOBER 2007
“Demonstrations of a Closing Argument in a Patent Jury Trial,” Practising Law Institute, New York, NY

6-7 NOVEMBER 2006

“Demonstrations of a Closing Argument in a Patent Jury Trial,” Practising Law Institute, New York, NY

Hogan Lovells Publications
05 June 2013 "White House weighs-in with plans to combat patent assertion entities." Antitrust, Competition and Economic Regulation Alert, Hogan Lovells

15 January 2012 "Intellectual Property Newsletter - January 2012." IP Alert, Hogan Lovells

Published Works
March/April 2014 "Expert Issues in Patent Litigation." IP Litigator

01 June 2013 "Issues Concerning Experts in Patent Litigation." Patent Litigation 2013 Course Handbook, Practising Law Institute

13 December 2011 "Welcome to the New ‘Patent Courts'." InsideCounsel.com

28 November 2011 "Open Source Software Is Licensed – It’s Not ‘Free’." InsideCounsel.com

14 November 2011 "Just, Speedy, and Inexpensive Determination of A Copyright Case." InsideCounsel.com

17 October 2011 "A Reasonable Royalty For Patent Infringement." InsideCounsel.com

3 October 2011 "Certain Trade Secrets Are Now Exempt From Patent Infringement." InsideCounsel.com

19 September 2011 "What to Expect From the America Invents Act … and When." InsideCounsel.com

RELATED EVENTS
10 November 2014 - 11 November 2014
PLI's Patent Litigation 2014

PRACTICES
Intellectual Property
Litigation and Arbitration
IP Litigation, Arbitration and Alternative Dispute Resolution
Commercial Litigation
Patents
Trademarks and Brands
Copyrights
Trade Secrets and Confidential Know-How
Media Litigation and Counseling
False Advertising and Unfair Competition
Life Sciences Enforcement
International Trade Commission
INDUSTRY SECTORS
Life Sciences and Healthcare
Technology
Electronics
Technology, Media and Telecoms
Pharmaceutical and Biotechnology
Media and Entertainment
Telecommunications
Medical Devices
EDUCATION
J.D., magna cum laude, Brooklyn Law School, 1975 B.A., The State University of New York, Binghamton University, 1971
MEMBERSHIPS
  • Member, American Intellectual Property Law Association
  • Member, New York Intellectual Property Law Association
  • Member, International Trademark Association,
  • Member, Intellectual Property Owners Association
  • Member, Federal Bar Council
AWARDS / RANKINGS
  • Super Lawyers, Corporate Counsel Edition, Top Attorneys in Intellectual Property Litigation, 2008-2013
  • New York Super Lawyers, Intellectual Property Litigation, 2008-2013
  • Legal 500 US, IP - Patent Litigation: Hi-tech Electronics and IT, 2010; IP: Copyright, National, 2007
BAR ADMISSIONS / QUALIFICATIONS New York
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, District of Columbia Circuit U.S. Court of Appeals, Federal Circuit U.S. Court of Appeals, First Circuit U.S. Court of Appeals, Second Circuit U.S. Court of Appeals, Third Circuit U.S. Court of Appeals, Fifth Circuit U.S. Court of Appeals, Ninth Circuit U.S. District Court, District of Connecticut U.S. District Court, Eastern District of Wisconsin U.S. District Court, Eastern District of New York U.S. District Court, Northern District of Illinois U.S. District Court, Northern District of Indiana U.S. District Court, Northern District of New York U.S. District Court, Southern District of New York U.S. District Court, Western District of New York U.S. District Court, Western District of Wisconsin