Eric J. Fues

Partner

Eric Fues focuses on patent and trade secret litigation in federal and state courts and at the U.S. International Trade Commission (ITC).  He has been involved with over a dozen ITC investigations and numerous district court matters.  Mr. Fues also represents clients before the U.S. Court of Appeals for the Federal Circuit, and provides client counseling services.

Mr. Fues has broad experience in all aspects of litigation, including examining and cross-examining witnesses at trial; taking and defending depositions; drafting pleadings, expert reports, and claim construction briefs; and arguing motions in court.  While these matters have involved a wide array of technologies, Mr. Fues has primarily focused on the technical fields of chemical and biochemical products and processes, pharmaceuticals,  semiconductors, and vehicle navigation systems.

In addition to his litigation practice, Mr. Fues advises clients regarding patent licensing issues, prelitigation due diligence, and patent enforcement strategies.  Mr. Fues also devotes time to pro bono matters, representing indigent defendants in federal criminal matters.

Highlights

• In Teva Pharmaceutical v. AstraZeneca Pharmaceuticals defended AstraZeneca in an infringement action involving the anti-cholesterol drug Crestor^®, including winning summary judgment of invalidity and successfully arguing Federal Circuit appeal.
• Represented Pioneer Corporation in an ITC investigation involving GPS-based navigation systems, including cross-examining fact and expert witnesses at trial and securing a ruling that the four asserted patents were non-infringed and invalid.
• Represented Syngenta in an ITC investigation where the Commission terminated Sumitomo’s investigation against Syngenta based on a license arbitration agreement.
• In Ciba Specialty Chemicals v. Hercules represented Hercules in a district court action involving polymer chemistry and helped secure a summary judgment ruling of non-infringement in favor of Hercules.
• Represented Hyosung Corporation in an ITC investigation involving methods of making tire cord fibers that resulted in a summary determination ruling of patent invalidity.
• Represented Hoffman-La Roche in a successful arbitration proceeding against Berlex Laboratories involving recombinant beta interferon.
• In Day International v. Reeves Brothers represented Reeves Brothers in a district court action that resulted in a summary judgment ruling of non-infringement, and defended that ruling on appeal before the Federal Circuit.
• Served as a legal extern for the Honorable Randall R. Rader during law school, 1993-1994.
• Former semiconductor engineer at Texas Instruments, 1984-1987.

Professional Activities

• Federal Circuit Bar Association
• International Trade Commission Trial Lawyers Association (Executive Committee, 2002-2011; 337 Reporter Summer Journal, editor-in-chief, 2006-2008; secretary, 2008-2009; treasurer, 2009-2010; vice president, 2010-2011)
• American Intellectual Property Law Association
• District of Columbia Bar Association
  
  

Select Publications

• "Prior Invention — 'That Which Infringes, If Later, Would Anticipate, If Earlier' — Prevails in Patent Suit," The Legal Pulse, Nov. 29, 2010.
• "Implications of eBay v. MercExchange," Patent World, June 2007.
• "Injunctive Relief after eBay: Finding a Friendlier Forum at the ITC," 337 Reporter, March 2007.