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

Eric W. Schweibenz


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Experience & Credentials

Practice Areas

  • ITC Litigation
  • Litigation
Contact InfoTelephone: 703-413-3000
Facsimile: 703-413-2220
University West Chester University, B.A., Political Science
Law SchoolRoger Williams University School of Law, J.D.
Admitted1998, Maryland; 2001, District of Columbia; Supreme Court of the United States; U.S. Court of Appeals for the Federal Circuit; U.S. Court of International Trade; U.S. District Court for the District of Columbia; District of Columbia Court of Appeals; Court of Appeals of Maryland. (Not admitted in Virginia)

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

A skilled litigator, Mr. Schweibenz has particular experience relating to 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 manages and actively 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.

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

Professional Affiliations

American Bar Association

Federal Bar Association

Federal Circuit Bar Association

ITC Trial Lawyers Association

Representative Matters

Representing Motorola Mobility in ongoing Section 337 proceeding involving mobile electronic devices. Certain Mobile Electronic Devices Incorporating Haptics, 337-TA-834 (U.S. ITC).

Representing Toyota and Subaru in an ongoing action involving RFID-based vehicle immobilization. Rydex, Ltd., v. General Motors Co. et al., C.A. No. 4:11-cv-00122 (S.D. Tex.).

Representing ArcelorMittal in an ongoing action involving steel production. ArcelorMittal France et al. v. AK Steel Corp. et al., C.A. No. 10-050-SLR (D. Del.).

Representing SMC Corporation in an ongoing Section 337 proceeding involving connectors used in pneumatic devices. Certain Connecting Devices ("Quick Clamps") for Use with Modular Compressed Air Conditioning Units, Including Filters, Regulators, and Lubricators ("FRLs") That Are Part of Larger Pneumatic Systems and the FRL Units They Connect, 337-TA-587 (U.S. ITC).

Representing MemsTech Berhad in an ongoing Section 337 proceeding involving silicon microphone packages. Certain Silicon Microphone Packages and Products Containing Same, 337-TA-629 (U.S. ITC).

Representing SkyHawke Technologies in an ongoing action involving golf-related GPS technology. GPS Industries, Inc. et al. v. SkyHawke Technologies et al., C.A. No. 3-07-0831-K (N.D. Tex.).

Represented Toyota in an action involving automatic transmission technology for automobiles. Toyota Motor Corp. v. Hyundai Motor Co., Ltd., C.A. No. 07-1822-FMC (C.D. Cal. 2007).

Represented Tandberg in actions involving video coding technology. Tandberg, Inc. v. Multimedia Patent Trust, C.A. No. 1-09-0456-SLR (D. Del. 2009) and Multimedia Patent Trust v. Tandberg, Inc., C.A. No. 3-09-01377 (S.D. Cal. 2009).

Represented VersaMed in actions involving medical device technologies. Pulmonetic Systems, Inc. v. VersaMed Medical Systems, Inc., C.A. No. 1-06-00564-JJF (D. Del. 2006) and Viasys Respiratory Care Inc. et al. v. VersaMed Medical Systems, Inc., 1-06-00579-JJF (D. Del. 2006).

Represented Rolls-Royce in a Section 146 action involving gas turbine engine technology. Rolls-Royce, plc v. United Technologies Corp., 1-05-00362-LMB (E.D. Va. 2005).

Represented Nikon in a Section 337 proceeding involving microlithography-related technologies. Certain Microlithographic Machines and Systems, and Components Thereof, 337-TA-468 (U.S. ITC 2003).

Represented Toyota in an action involving hybrid electric vehicle technology. Field Hybrids, LLC v. Toyota Motor Corp. et al., C.A. No. 0-03-04121-ADM (D. Minn. 2005).

Represented Rolls-Royce in an action involving gas turbine engine technology used in marine vessels. Ivan G. Rice v. Rolls-Royce, plc et al., C.A. No. 6:05-00330 (E.D. Tex. 2006).



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
Wednesday, March 27, 2013

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

Oblon Spivak's Eric Schweibenz Quoted in the BLT Blog and Corporate Counsel Regarding the Drop in Patent Cases at the ITC
Monday, October 8, 2012

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

Oblon, Spivak's Eric Schweibenz Quoted in The Economist
Tuesday, December 20, 2011

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
Tuesday, October 25, 2011

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

Oblon, Spivak's Eric Schweibenz quoted in the National Law Journal Regarding the Retirement of ITC's Judge Luckern
Wednesday, August 3, 2011

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

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

Oblon, Spivak's Eric Schweibenz quoted in National Law Journal's Article "Big Pharma Tries A New Forum: The ITC"
Friday, March 18, 2011

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
Monday, December 13, 2010

Oblon, Spivak's Eric Schweibenz is quoted in the Dallas Business Journal about the ongoing ITC Investigation involving Spansion and Samsung
Wednesday, November 10, 2010

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

Oblon Spivak's Eric Schweibenz quoted in Law360 on ITC Markman Hearings
Tuesday, August 17, 2010

Oblon, Spivak's Eric Schweibenz quoted in "The Iron Man of Import Battles"
Monday, August 2, 2010

Oblon, Spivak Elects New Partner and Names A New Senior Associate
Tuesday, January 12, 2010

Oblon, Spivak Elects Four New Partners and Names Six New Senior Associates
Wednesday, January 2, 2008


'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

U.S. Patent Litigation: 150 Q & A
Wednesday, June 1, 2011

Annual Review of Intellectual Property Law Developments, ABA Section of Intellectual Property Law (2010)
Friday, March 18, 2011

What Non-US Companies Should Know About the ITC
Friday, April 3, 2009

Litigating Patents at the ITC
Friday, October 3, 2008


2011 Japan Intellectual Property Association (JIPA) Seminar
Friday, November 4, 2011


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ALJ Shaw Terminates Investigation As To Ninestar Image Tech. and Seine Image Int’l In Certain Toner Cartridges (337-TA-918)
Eric W. Schweibenz, July 16, 2014
On July 9, 2014, ALJ David P. Shaw issued Order No. 4 in Certain Toner Cartridges and Components Thereof (Inv. No. 337-TA-918).

ALJ Shaw Issues Notice Of Initial Determination In Certain Digital Media Devices (337-TA-882)
Eric W. Schweibenz, July 14, 2014
On July 7, 2014, ALJ David P. Shaw issued the public version of a notice of the Initial Determination (“ID”) in Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software (Inv....

ALJ Essex Terminates Investigation as To Cresta Technology in Certain Silicon Tuners (337-TA-917)
Eric W. Schweibenz, July 11, 2014
On July 1, 2014, ALJ Theodore R. Essex issued Order No. 5 in Certain Silicon Tuners and Products Containing Same, Including Television Tuners (Inv. No. 337-TA-917).

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Office Information

Eric W. Schweibenz

1940 Duke Street
AlexandriaVA 22314


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