Eric W. Schweibenz: Lawyer with Oblon, McClelland, Maier & Neustadt, L.L.P.

Eric W. Schweibenz

Phone(703) 412-4539

Peer Rating
N/R
 N/R

Client Rating

Printer Friendly VersionEmail this PageDownload to My Outlook ContactsAdd lawyer to My FavoritesCompare this lawyer to other lawyers in your favorites

Experience & Credentials
 

Practice Areas

  • Litigation
  • Energy & Renewables
  • Electronics & Software
  • Life Sciences
  • Consumer Products
  • Heavy Industry
 
Contact InfoTelephone: (703) 412-4539
Facsimile: 703-413-2220
http://www.oblon.com/professional/eric-w-schweibenz
 
University West Chester University, B.A., Political Science
 
Law SchoolRoger Williams University School of Law, J.D.
 
AdmittedDistrict of Columbia; Maryland; Supreme Court of the United States; U.S. Court of Appeals for the Federal Circuit; U.S. District Court for the Eastern District of Michigan; U.S. District Court for the District of Columbia; District of Columbia Court of Appeals; Court of Appeals of Maryland; U.S. Court of International Trade. (Not admitted in Virginia)
 
Memberships 

Professional Affiliations

•American Bar Association
•Federal Bar Association
•Federal Circuit Bar Association
•ITC Trial Lawyers Association
•American Intellectual Property Law Association

 
Biography

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 automotive and hybrid electric vehicles and components thereof, medical devices, semiconductors, 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 review proceedings and ex parte reexaminations at the United States Patent and Trademark Office (USPTO).

A skilled litigator, Mr. Schweibenz has particular experience relating to successfully defending companies from non-practicing entities. He has also developed specialized experience in the area of 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 is a founder of, and actively manages and 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 and, as a result, he is frequently quoted in media regarding Section 337 issues, including articles in the Economist, the Wall Street Journal, and the National Law Journal.

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

Accolades

•Intellectual Asset Management (IAM) Patent 1000: The World's Leading Patent Practitioners, named to its list of the top 1000 patent attorneys in the world; recognized in the National - International Trade Commission (ITC) category for his ITC litigation work and in the Washington, D.C. Metro Area for his patent Litigation work (2014, 2015)

Publications

October 6, 2014 - Article Automatic Stay of Litigation Pending Inter Partes Review?: A Simple Proposal for Solving the Patent Troll Riddle ABA Landslide

August 2012 - Article 'Discovering' Trade Secrets: The Devil is in the Details BNA's Patent, Trademark & Copyright Journal, 84 PTCJ 492, 07/20/2012

August 2012 - Article The U.S. International Trade Commission and Intellectual Property Litigation E-Commerce Law Reports, Vol 12 Issue 03

Article Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law (2011) Annual Review of Intellectual Property Law Developments (2011)

June 2011 - Article U.S. Patent Litigation: 150 Q & A AIPPI Japan, June 2011

2010 - Article Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law (2010) Annual Review of Intellectual Property Law Developments (2010)

Apr 2009 - Article What Non-US Companies Should Know About the ITC Managing Intellectual Property (MIP), Issue I88, April 2008

Oct 2008 - Article Litigating Patents at the ITC This article first appeared in Licensing in the Boardroom 2008, published by Intellectual Asset Management (IAM) magazine, www.iam-magazine.com

News

November 8, 2014 - In The News
Patent Battles in the Auto Sector
Main Street News

October 20, 2014 - Firm News
Valeo Tells ITC Rival Ripped Off Windshield Wiper Patents
Law360

October 6, 2014 - Firm News
Automatic Stay of Litigation Pending Inter Partes Review?: A Simple Proposal for Solving the Patent Troll Riddle
ABA Landslide

September 29, 2014 - In The News
Eric Schweibenz quoted in WIPR article, “Trying to Please Everyone: The Patent Troll Conundrum”
WIPR

January 31, 2014 - Firm News
Trend In Limiting E-Discovery Cost Recovery Continues
Law360

December 13, 2013 - Firm News
The Growing Use Of Nonstatutory Causes Of Action At ITC
Law360

March 27, 2013 - In The News
Oblon Spivak's Eric Schweibenz Quoted In Reuters Regarding The U.S. Supreme Court's Decision Not To Hear The Case Of International Patent Exhaustion
Thompson Reuters News & Insight, 3/27/2013

November 16, 2012 - Firm News
Federal Circuit Rules in Favor of SMC Corporation By Affirming ITC's Decision To Invalidate Competitor's Patent

October 8, 2012 - In The News
Oblon Spivak's Eric Schweibenz Quoted in the BLT Blog and Corporate Counsel Regarding the Drop in Patent Cases at the ITC
The BLT: The Blog of Legal Times, October 5, 2012

March 27, 2012 - In The News
Oblon Spivak's Eric Schweibenz Quoted in Wired Enterprise Regarding the ITC's Pending Decision on Whether Motorola Infringed a Microsoft Patent
Wired Enterprise, March 27, 2012

December 20, 2011 - In The News
Oblon, Spivak's Eric Schweibenz Quoted in The Economist
The Economist, Dec 19th 2011

October 25, 2011 - In The News
Oblon, Spivak's Eric Schweibenz quoted in Law 360 Regarding the Recent Federal Circuit Decision John Mezzalingua Associates, Inc. (d/b/a PPC, Inc.) v. ITC
Law360, New York (October 17, 2011)

August 31, 2011 - In The News
Oblon, Spivak's Eric Schweibenz quoted in Managing IP Magazine (MIP): The End of the Rocket Docket
Managing IP Magazine, September 2011

August 3, 2011 - In The News
Oblon, Spivak's Eric Schweibenz quoted in the National Law Journal Regarding the Retirement of ITC's Judge Luckern
National Law Journal, August 03, 2011

June 9, 2011 - Firm News
Federal Circuit Affirms Dismissal of Suit Against Oblon, Spivak Client SkyHawke Technologies

March 22, 2011 - Firm News
ITC Rules in Favor of SMC Corporation By Invalidating Competitor's Patent

March 18, 2011 - In The News
Oblon, Spivak's Eric Schweibenz quoted in National Law Journal's Article “Big Pharma Tries A New Forum: The ITC”
National Law Journal, March 18, 2011

December 13, 2010 - In The News
Oblon, Spivak's Eric Schweibenz is quoted in the National Law Journal Regarding the Record Number of Section 337 Actions filed at the ITC in 2010
National Law Journal, December 13, 2010

November 10, 2010 - In The News
Oblon, Spivak's Eric Schweibenz is quoted in the Dallas Business Journal about the ongoing ITC Investigation involving Spansion and Samsung
Dallas Business Journal, Thursday, November 4, 2010

November 3, 2010 - In The News
Oblon, Spivak's Eric Schweibenz is quoted in The Wall Street Journal on ITC Pending Decision about Nokia Corp. and Apple Inc. Patents
Wall Street Journal, 3 November 2010

August 17, 2010 - In The News
Oblon Spivak's Eric Schweibenz quoted in Law360 on ITC Markman Hearings
Law360, New York (August 17, 2010)

August 2, 2010 - In The News
Oblon, Spivak's Eric Schweibenz quoted in “The Iron Man of Import Battles”
National Law Journal Online, August 02, 2010 (www.nlj.com)

January 12, 2010 - Firm News
Oblon, Spivak Elects New Partner and Names A New Senior Associate

January 2, 2008 - Firm News
Oblon, Spivak Elects Four New Partners and Names Six New Senior Associates

Events

Current State Of Non-Practicing Entity Countermeasures, Including Strategic Use Of IPR Proceedings Webinar
When: April 17, 2015
Location: Webinar
People: Eric W. Schweibenz

Webinar: Parallel Patent Proceedings Before the PTAB and Federal Court Post-AIA
When: March 19, 2015
People: Michael L. Kiklis, Eric W. Schweibenz

Parallel Patent Proceedings Before the PTAB and Federal Court Post-AIA
When: March 20, 2014
Location: Webinar/Teleconference
People: Michael L. Kiklis, Eric W. Schweibenz

2011 Japan Intellectual Property Association (JIPA) Seminar
When: November 4, 2011
Location: Alexandria, Virginia
People: Stephen G. Kunin, Thomas J. Fisher, Scott A. McKeown, Eric W. Schweibenz

Blog

http://www.itcblog.com/

Recent Blog Posts
En Banc Federal Circuit Upholds ITC Position On Induced Infringement In Suprema Appeal (2012-1170) On August 10, 2015, the U.S. Court of Appeals for the Federal Circuit issued its en banc opinion in Suprema Inc. v. Intl Trade Commn (2012-1170). In the opinion, the Federal Circuit determined to uphold the U.S. International Trade Commissions (the Commission or ITC ) position that allegations of induced infringement are actionable at the ITC even where the underlying direct infringement does not occur until after importation. By way of background, this was an appeal from the Commissions final determination in...
ALJ Lord Denies Apple Objections To Disclosure Of Confidential Information To Expert Witness In Certain Wireless Standard Compliant Electronic Devices (337-TA-953) On August 5, 2015, ALJ Dee Lord issued Order No. 19 in Certain Wireless Standard Compliant Electronic Devices, Including Communication Devices and Tablet Computers (Inv. No. 337-TA-953). By way of background, this investigation is based on a February 26, 2015 complaint filed by Ericsson Inc. alleging violation by Apple Inc. a/k/a Apple Computer Inc. of Section 337 in the importation into the U.S. and sale of certain wireless standard compliant electronic devices, including communication devices and tablet computers that infringe one...
ALJ Bullock Denies Converse Motion To Quash Subpoena In Certain Footwear Products (337-TA-936) On August 3, 2015, Chief ALJ Charles E. Bullock issued the Order No. 164 in Certain Footwear Products (Inv. No. 337-TA-936). By way of background, this investigation is based on an October 14, 2014 complaint filed by Converse Inc. ( Converse ) alleging violation of Section 337 in the importation into the U.S. and sale of certain footwear products that infringe U.S. Trademark Registration Nos. 4, 398, 753; 3, 258, 103; and 1, 588, 960. Additionally, Converse alleged violation of Section 337 based upon unfair competition/false designation of origin, ...
ALJ Pender Sets Procedural Schedule In Certain Audio Processing Hardware And Software (337-TA-949) On August 7, 2015, ALJ Thomas B. Pender issued Order No. 16 in Certain Audio Processing Hardware And Software and Products Containing Same (Inv. No. 337-TA-949). By way of background, this investigation is based on a February 6, 2015 complaint filed by Andrea Electronics Corp. ( Andrea ) alleging violation of Section 337 in the importation into the U.S. and sale of certain audio processing hardware and software and products that infringe one or more claims of United States Patent Nos. 5, 825, 898; 6, 483, 923;...
ALJ Shaw Grants Motion To Terminate Investigation In Certain Toner Supply Containers (337-TA-960) On August 4, 2015, ALJ David P. Shaw issued Order No. 4 in Certain Toner Supply Containers and Components Thereof (Inv. No. 337-TA-960). The investigation is based on a June 12, 2015 complaint filed by Canon Inc. of Japan, Canon U.S.A., Inc. of Melville, New York, and Canon Virginia, Inc. of Newport News, Virginia alleging violation of Section 337 in the importation into the U.S. and sale of certain toner supply containers and components thereof that infringe one or more claims...

 
Reported CasesRepresentative Matters: Lead counsel for Toyota and Subaru in patent infringement action concerning RFID-based vehicle immobilization. Rydex, Ltd. v. Toyota Motor Sales, U.S.A., Inc. et al. (S.D. Texas Case No. 11-cv-00122; Federal Circuit Appeal Nos. 2013-1462, -1463) (Current Firm Client) Lead counsel for Toyota in patent infringement action concerning event data recorder technology. Hagenbuch v. Toyota Motor Sales, U.S.A., Inc. (N.D. Illinois Case No. 1:13-cv-06713) (Current Firm Client) Lead counsel for Toyota and the Regents of the University of Minnesota in declaratory judgment actions concerning bioactive compositions, UV-stabilized protein-polymer compositions, and polymeric coatings. Reactive Surfaces LTD LLP v. Toyota Motor Engineering & Manufacturing North America, Inc.. (W.D. Texas Case No. 1:13-cv-01098) Reactive Surfaces LTD LLP v. Toyota Motor Corp. (W.D. Texas Case No. 1:14-cv-01009) (Current Firm Clients) Representing Valeo in multiple patent infringement actions regarding windshield wiper blade technology. Federal-Mogul Corp. et al. v. Valeo, Inc. et al. (E.D. Mich. Case No. 2:13-cv-11627); Valeo, Inc. et al. v. Federal-Mogul Corp. et al. (E.D. Mich. Case No. 2:13-cv-14393); Certain Windshield Wipers and Components Thereof (ITC Investigation Nos. 337-TA-928 and 337-TA-937) (Current Firm Client) Representing LG Display Co., Ltd. in patent infringement action regarding certain display technology. Industrial Technology Research Institute v. LG Electronics, Inc. et al. (S.D. California Case No. 3:13-cv-2016) (Current Firm Client) Other representative matters include: Represented international manufacturer of pneumatic devices in Section 337 proceeding involving connectors used in pneumatic devices. Represented domestic mobile telephone company in Section 337 proceeding involving mobile electronic devices. Represented leading steel manufacturer in district court action involving steel production. Represented international manufacturer of silicon microphones in Section 337 proceeding involving silicon microphone packages. Represented a domestic sporting goods technology company in multiple patent infringement actions in various district courts and the Federal Circuit concerning GPS-based golf rangefinders. Represented major international automobile manufacturer in multiple patent infringement actions in various district courts and the Federal Circuit concerning automatic transmission and hybrid electric vehicle technologies. Represented international manufacturer of video conferencing technology in various district court actions involving video coding technology. Represented international medical device maker in various district court actions involving medical device technologies. Represented leading global manufacturer of gas turbine engines in various district courts concerning gas turbine engine technology for use in airplanes and marine vessels. Represented major international manufacturer of microlithography products in a Section 337 proceeding concerning microlithography-related technologies.
 
ISLN914802592
 

Documents by this lawyer on Martindale.com

Subscribe to this feed

ALJ Lord Grants Motion To Terminate Investigation As To Panasonic And Nintendo In Certain Optical Disc Drives (337-TA-897)
Eric W. Schweibenz, March 30, 2015
On March 10, 2015, ALJ Dee Lord issued Order No. 128 in Certain Optical Disc Drives, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-897).

ALJ Bullock Terminates Investigation As To VF Corp. In Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930)
Eric W. Schweibenz, March 26, 2015
On March 10, 2015, Chief ALJ Charles E. Bullock issued Order No. 27 in Certain Laser Abraded Denim Garments (Inv. No. 337-TA-930).

ALJ Lord Grants Motion To Terminate Investigation As To Cirrus Logic In Certain Communications Or Computing Devices (337-TA-925)
Eric W. Schweibenz, March 26, 2015
On March 9, 2015, ALJ Dee Lord issued Order No. 20 in Certain Communications or Computing Devices and Components Thereof (Inv. No. 337-TA-925).

Profile Visibility
#72 in weekly profile views out of 4,143 lawyers in Alexandria, Virginia
#32,296 in weekly profile views out of 1,722,821 total lawyers Overall

Office Information

Eric W. Schweibenz

1940 Duke Street
AlexandriaVA 22314




Loading...
 

Professional Networking for Legal Professionals Only

Quickly and easily expand your professional
network - join the premier global network for legal professionals only. It's powered by the
Martindale-Hubbell database - over 1,000,000 lawyers strong.
Join Now