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

Eric Lobenfeld is the Co-Head of the U.S. Intellectual Property Practice of Hogan Lovells. Eric 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.

Prior to joining our legal practice, Eric was a partner at several other major law firms and also served as Vice President/Chief Litigation Counsel for Reliance Group Holdings.

REPRESENTATIVE EXPERIENCE
  • Represented ESPN in patent infringement litigation brought by DDB concerning GameCast recreations of professional sports games on ESPN.com.
  • 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.
  • Representing Hitachi, Panasonic, Toshiba, and IPS Alpha in patent infringement litigation brought by Anvik concerning methods and apparatus for manufacturing LCD panels.
  • Representing 7-Eleven Company and Cardtronics in patent infringement litigation concerning ATM machines with Internet access. Won summary judgment of noninfringement and partial invalidity.
  • Represented Standard Microsystems Corporation in patent infringement litigation brought by AFTG and Philip Adams on nine patents concerning circuits within disc controllers.
  • Represented Motorola in E.D. TX patent infringement litigation brought by WIAV on two patents relating to mesh radio networks.
  • Represented Airbus in separate E.D. TX patent litigations concerning aircraft maintenance software.
  • 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

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 2012 "Issues Concerning Experts in Patent Litigation." Patent Litigation 2012 Course Handbook, Practising Law Institute

25 October 2011 "IP: A reasonable royalty for patent infringement." InsideCounsel

04 October 2011 "IP: What to expect from the America Invents Act ... and when." Counsel Commentary, InsideCounsel

2010 "Issues Concerning Experts In Patent Litigation.", Patent Litigation 2010 (Practising Law Institute)

2008 "The Intellectual Property-Antitrust Law Interface: Patents and Tying Arrangements." Issues in Competition Law and Policy, ABA Section of Antitrust Law

2008 "How Jurors' Values and Perceptions influence Decisions in Patent Cases.", Patent Litigation 2008 (Practising Law Institute)

11 September 2007 "Intellectual Property Trial Strategies: How Jurors’ Perceptions of Corporate America Affect Their Judgments in Patent Cases." Patent Litigation 2007, PLI

11 September 2006 "Intellectual Property Trial Strategies: How Jurors’ Perceptions of Corporate America Affect Their Judgments in Patent Cases." Patent Litigation 2006, PLI

2005 "Intellectual Property Trial Strategies: How Jurors' Perceptions of Corporate America Affect Their Judgments in Patent Cases.", Patent Litigation 2005 (Practising Law Institute)

26 October 2004 "Intellectual Property Trial Strategies: How Jurors' Perceptions of Corporate America Affect Their Judgments in Patent Cases." Practising Law Institute

2003 "Overview of Damages in Patent Infringement Actions.", Patent Litigation 2003 (Practising Law Institute)

01 January 2003 "Overview of Damages in Patent Infringement Actions." Patent Litigation 2003, PLI

RELATED EVENTS
18 November 2013 - 19 November 2013
Post AIA - Strategies in Litigation and Patent Prosecution

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
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, International Intellectual Property Law Association
  • Member, New York Intellectual Property Law Association
  • Member, Federal Bar Council
  • Member, New York State Bar Association
  • Member, American Bar Association 
AWARDS / RANKINGS
  • Super Lawyers, Corporate Counsel Edition, Top Attorneys in Intellectual Property Litigation, 2008-2011
  • New York Super Lawyers, Intellectual Property Litigation, 2008-2011
  • 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 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 U.S. District Court, Northern District of Indiana