Eric W. Schweibenz: Lawyer with Oblon, Spivak, 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
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; (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)
 
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)

Blog
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

On July 28, 2014, ALJ David P. Shaw issued Order No. 4 in Certain Marine Sonar Imaging Devices, Including Downscan And Sidescan Devices, Products Containing the Same, and Components Thereof (Inv. No. 337-TA-921).
Valeo Files New 337 Complaint Regarding Certain Windshield Wipers
Friday, August 01, 2014

On July 25, 2014 Valeo North America, Inc. of Troy, Michigan and Delmex de Juarez S. de R.L. de C.V. of Mexico (collectively, Valeo) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337. Please note...
Bose Files New 337 Complaint Regarding Certain Noise Cancelling Headphones
Wednesday, July 30, 2014

On July 25, 2014, Bose Corp. of Framingham, Massachusetts (Bose) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337.
ALJ Essex Rules On Motion To Compel And For Adverse Inferences In Certain Acousto-Magnetic Electronic Article Surveillance Systems (337-TA-904)
Monday, July 28, 2014

On July 17, 2014, ALJ Theodore R. Essex issued the public version of Order No. 10 (dated July 8, 2014) in Certain Acousto-Magnetic Electronic Article Surveillance Systems, Components Thereof and Products Containing the Same (Inv....
Federal Circuit Reverses Termination Of Enforcement Proceedings In Align Technology Appeal (2013-1240, 1363)
Friday, July 25, 2014

On July 18, 2014, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Align Technology, Inc. v. ITC (2013-1240, 1363). This was an appeal from the International Trade Commission's (the...
Johnson Outdoors Files New 337 Complaint Regarding Certain Marine Sonar Imaging Systems
Wednesday, July 23, 2014

On July 18, 2014, Johnson Outdoors Inc. of Racine, Wisconsin and Johnson Outdoors Marine Electronics, Inc. of Eufaula, Alabama (collectively, Johnson Outdoors) filed a complaint requesting that the ITC commence an investigation pursuant to Section 337...
ITC Decides To Review And Modify Initial Advisory Opinion In Certain Sleep-Disordered Breathing Treatment Systems And Components Thereof (337-TA-879)
Wednesday, July 23, 2014

On July 18, 2014, the International Trade Commission (the Commission) issued a notice determining to review in its entirety the Initial Advisory Opinion (IAO) issued by ALJ E. James Gildea in Certain Sleep-Disordered...
Federal Circuit Affirms In X2Y Attenuators Appeal (2013-1340)
Wednesday, July 23, 2014

On July 7, 2014, the Federal Circuit issued its opinion in X2Y Attenuators, LLC v. Int'l Trade Comm'n (2013-1340). This was an appeal by X2Y Attenuators, LLC (X2Y) from the International Trade Commission's (the ...
ALJ Bullock Sets 15-Month Target Date In Certain Archery Products (337-TA-919)
Monday, July 21, 2014

On July 18, 2014, Chief ALJ Charles E. Bullock issued Order No. 6 in Certain Archery Products and Related Marketing Materials (Inv. No. 337-TA-919).
ITC Issues Public Version of Opinion In Certain Cases For Portable Electronic Devices (337-TA-867/861)
Friday, July 18, 2014

On July 10, 2014, the International Trade Commission (the Commission) issued the public version of its opinion in Certain Cases For Portable Electronic Devices (Inv. Nos. 337-TA-867/861).

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

Publications
'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

Events
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

 
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 action concerning bioactive compositions, UV-stabilized protein-polymer compositions, and polymeric coatings. Reactive Surfaces LTD LLP v. Toyota Motor Corp. et al. (W.D. Texas Case No. 1:13-cv-01098) (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) (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
 

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ALJ Lord Rules On Discovery Motions In Certain Television Sets, Television Receivers, Television Turners (337-TA-910)
Eric W. Schweibenz,Thomas C. Yebernetsky, October 14, 2014
On September 23, 2014, ALJ Dee Lord issued Order Nos. 30 and 31 (dated August 25, 2014 and August 28, 2014, respectively) in Certain Television Sets, Television Receivers, Television Tuners, and Components Thereof (Inv. No. 337-TA-910).

ITC Issues Public Version Of Opinion In Certain Sulfentrazone (337-TA-914)
Lisa M. Mandrusiak,Eric W. Schweibenz, October 14, 2014
On October 1, 2014, the International Trade Commission ("the Commission") issued the public version of its opinion in Certain Sulfentrazone, Sulfentrazone Compositions, and Processes for Making Sulfentrazone (Inv. No. 337-TA-914).

ALJ Pender Issues Public Versions Of Discovery Related Orders In Certain Opaque Polymers (337-TA-883)
Katherine Cappaert,Eric W. Schweibenz, October 9, 2014
On September 24, 2014, ALJ Thomas B. Pender issued the public versions of Orders No. 15 (dated February 4, 2014) and 16 (dated February 20, 2014) in Certain Opaque Polymers (Inv. No. 337-TA-883).

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Office Information

Eric W. Schweibenz

1940 Duke Street
AlexandriaVA 22314




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