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

Eric W. Schweibenz

Phone(703) 412-4539

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Experience & Credentials

Practice Areas

  • ITC Litigation
  • Litigation
Contact InfoTelephone: (703) 412-4539
Facsimile: 703-413-2220
University West Chester University, B.A., Political Science
Law SchoolRoger Williams University School of Law, J.D.
AdmittedDistrict of Columbia; (not admitted in VA); Maryland; (not admitted in VA); Supreme Court of the United States; (not admitted in VA); U.S. Court of Appeals for the Federal Circuit; (not admitted in VA); U.S. District Court for the Eastern District of Michigan; (not admitted in VA); U.S. District Court for the District of Columbia; (not admitted in VA); District of Columbia Court of Appeals; (not admitted in VA); Court of Appeals of Maryland; (not admitted in VA); U.S. Court of International Trade; (not admitted in VA). (Not admitted in Virginia)

Professional Affiliations

•American Bar Association

•Federal Bar Association

•Federal Circuit Bar Association

•ITC Trial Lawyers Association

•American Intellectual Property Law Association


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.


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)

ALJ Shaw Issues 15.5-Month Target Date In Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices (337-TA-921)
Friday, August 01, 2014

Parallel Patent Proceedings Before the PTAB and Federal Court Post-AIA
Thursday, March 20, 2014
2011 Japan Intellectual Property Association (JIPA) Seminar
Friday, November 4, 2011
Current State Of Non-Practicing Entity Countermeasures, Including Strategic Use Of IPR Proceedings Webinar

Valeo Tells ITC Rival Ripped Off Windshield Wiper Patents
Monday, October 20, 2014
Automatic Stay of Litigation Pending Inter Partes Review?: A Simple Proposal for Solving the Patent Troll Riddle
Monday, October 6, 2014
Eric Schweibenz quoted in WIPR article, Trying to Please Everyone: The Patent Troll Conundrum
Monday, September 29, 2014

'Discovering' Trade Secrets: The Devil is in the Details
Thursday, August 16, 2012
The U.S. International Trade Commission and Intellectual Property Litigation
Tuesday, August 7, 2012
Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law (2011)
Monday, April 16, 2012

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.

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ALJ Bullock Grants Motion For Summary Determination On Economic Prong Of Domestic Industry In Certain Hemostatic Products (337-TA-913)
John F. Presper,Eric W. Schweibenz, January 19, 2015
On December 9, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 26 (dated November 13, 2014) granting Complainants Baxter International Inc., Baxter Healthcare SA, and Baxter Healthcare Corporation's (collectively, "Baxter") motion for summary determination that...

ALJ Bullock Rules On Motion To Compel And Orders Macronix To Show Cause Why It Should Not Be Sanctioned In Certain Flash Memory Chips (337-TA-893)
Katherine Cappaert,Eric W. Schweibenz, January 19, 2015
On December 4, 2014, Chief ALJ Charles E. Bullock issued the public version of Order No. 63 (dated October 31, 2014) in Certain Flash Memory Chips and Products Containing Same (Inv. No. 337-TA-893).

ALJ Essex Grants Motion To Terminate Investigation As To Spark Innovators And B. Marlboros International In Certain Beverage Brewing Capsules (337-TA-929)
Eric W. Schweibenz, January 16, 2015
On December 16, 2014, ALJ Theodore R. Essex issued Order No. 12 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).

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Office Information

Eric W. Schweibenz

1940 Duke Street
AlexandriaVA 22314


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