Partner
Erika's practice focuses on patent office trials, client counseling, and litigation, with an emphasis on electronic technology and computer software. She has represented patent owners and petitioners in more than 200 PTAB trials, most as lead counsel. Erika has also argued and won appeals from PTAB trials to the Federal Circuit, many of which involve issues of first impression. She has also successfully defended district court decisions on appeal at the Federal Circuit.
In addition to her extensive experience in patent office and appellate practice, Erika is a well-known authority in the area of patent-eligibility jurisprudence. Since representing the petitioners before the U.S. Supreme Court in Bilski v. Kappos, she has handled dozens of cases involving issues related to patentable subject matter before the Federal Circuit, U.S. district courts, and PTAB. Erika also advises clients on patent strategy and portfolio management.
Erika is a leader in the IP bar and a champion for women in IP. She co-founded the Washington, DC chapter of Women in IP Network (WIN) and serves in leadership roles on the womens committees of the Intellectual Property Owner's Association (IPO) and the PTAB Bar Association. She is a frequent author and lecturer on computer-related patents, patent strategy, and PTAB practice. Erika is also a member of Managing IP's Editorial Board.
Over her career, Erika has been recognized for her post-grant and patent litigation practices. The Legal 500 U.S. named her one of the leading lawyers in post-grant proceedings and inducted her into the patent prosecution Hall of Fame. She has also been named as a Global Leader by Intellectual Asset Management and recognized by Managing IP. For the past several years, she has been named by Managing IP as one of the "Top 250 Women in IP."
Erika previously served on the firm's management committee and has led both the electrical and computer technology practice group and the patent office practice.
IPR2017-01683, -01684, -01685, PTAB, Judges Barrett, Chung, Easthom, Smith
Fidelity Information Services, LLC v. Mirror Imaging LLC
Represented petitioner Fidelity Information Services in four covered business method reviews, successfully cancelling all claims of patent owner Mirror Imaging’s patents related to electronic financial document storage.
CBM2017-00064, -00065, -00066, -00067, PTAB, Judges Arbes, Easthom, Elluru
NetApp, Inc./HPE et al. v. KOM Software Inc.
IPR2019-00591, -00592, -00594, -00598, -00601, -00603, -00604, -00606, -00607, -00608, PTAB, Judges McGraw, Galligan, Dougal, Fishman
20-2345, -2346; 21-1181, -1075 -1005, Fed. Cir., Judges Prost, Chen, Taranto
Represented Google as petitioner at the PTAB, where the Board instituted inter partes review of patent asserted in litigation.
IPR2019-00340, -00342, PTAB, Judges Stephens, McKone, Weinschenk
DataTreasury Corp. v. Fidelity National Information Services, Inc.
2:17-cv-00432, E.D. Tex., Judges Gilstrap, Payne
CBM2014-00020, -00021, PTAB, Judges Clements, Saindon, Tierney
16-1046, -1048, Fed. Cir., Judges Chen, Moore, Wallach
16-883, S. Ct.
SAP America Inc. v. Versata Development Group Inc.
Lead counsel for petitioner SAP in the first PGR review of a CBM patent; argued and won Federal Circuit affirmance of PTAB ruling that all claims challenged by SAP were invalid under 35 USC 101.
CBM2012-00001, PTAB, Judges Elluru, Lee, Medley, Tierney
14-1194, Fed. Cir., Judges Hughes, Newman, Plager
Event
Around the World with Finnegan - Key Developments and Trends in IP Law Around the World with Finnegan - Key Developments and Trends in IP Law
March 15, 2023
Taipei
Articles
As the Curtain Falls on CBM Review, What’s Next for Financial Institutions? As the Curtain Falls on CBM Review, What’s Next for Financial Institutions?
March/April 2022
IP Litigator"Arner is a renowned PTAB lawyer and has been busy representing Fortune 500 players and gaming company[ies] Playtika in the past year. In 2022, she also became the outfit’s managing partner."
Intellectual Asset Management Patent 1000
“In Erika Harmon Arner and Thomas Irving, Finnegan has two talismanic practitioners who have driven the development of America Invents Act proceedings since they were first introduced.”
Intellectual Asset Management Patent 1000
“Instrumental here is the command and control of Erika Harmon Arner—the country's foremost USPTO trials expert, according to the IAM Patent 1000 research. ‘A real go-getter’ who has ‘taken the Finnegan group to a different level’, she is ‘super high quality'’, ‘articulate and thoughtful’, and ‘a top lawyer’. ‘She is the best—not figuratively, literally,’ enthuses one client. ‘Her presentation style is calm, easy to understand and persuasive, and her ability to see and avoid the traps set by the other side (or the PTAB panel) is impressive to behold. Her knowledge of the case law is also unparalleled.’”
Intellectual Asset Management Patent 1000
“Peers take special note of her ‘cutting edge IPRs’ and Supreme Court cases.”
Managing Intellectual Property IP Stars
“Finnegan has a repertoire of highly experienced individuals to fill lead counsel and back-up roles on contested proceedings before the PTAB. They include rainmaker Erika Harmon Arner, who boasts ‘brilliant, accurate insights into cases and consistently comes up with the goods.’”
Intellectual Asset Management Patent 1000
“Arner also has gained a steady following based on her experience representing clients in high-profile disputes over patentable subject matter…Her ability to clearly communicate complex legal matters is one of the reasons why clients flock to her…”
Law360 Rising Stars
“Arner…is a guru on business method patents. She filed some of the earliest covered business method and inter partes reviews, stealing a march on many of her peers.”
Intellectual Asset Management Patent 1000
“A ‘supremely talented lawyer,’ Arner has a lot to offer and is hailed as a thought leader on patent eligibility. However, she particularly wows the market with flawless performances in USPTO trials and in appeals to the Federal Circuit.”’
Intellectual Asset Management Patent 1000
“Erika Harmon Arner is a go-to for post-grant proceedings, recognized in the IP field as a pioneer in PTAB litigations.”
Managing Intellectual Property’s IP Stars
“One of, if not the best post-grant practitioner in the country, Erika Harmon Arner continues to garner loud applause from the market as an ‘incredibly creative, thoughtful and goal-oriented’ lawyer.”
Intellectual Asset Management Patent 1000
“The firm has become especially prominent for its post-grant practice – at the forefront of which is Erika Arner in Reston, Virginia.”
Intellectual Asset Management Patent 1000
“Erika Harmon Arner is revered as one of the top post-grant experts…”
Managing Intellectual Property’s IP Stars
“Erika Harmon Arner is one of the foremost PTAB specialists in the country, having taken part in more than 100 proceedings at the Patent Office.”
Managing Intellectual Property’s IP Stars
“Thomas Irving and Erika Harmon Arner are other essential contacts for the address book, the former known for his creative strategies and the latter as a dynamic lead counsel.”
Intellectual Asset Management Patent 1000
"Arner is a renowned PTAB lawyer and has been busy representing Fortune 500 players and gaming company[ies] Playtika in the past year. In 2022, she also became the outfit’s managing partner."
Intellectual Asset Management Patent 1000
“In Erika Harmon Arner and Thomas Irving, Finnegan has two talismanic practitioners who have driven the development of America Invents Act proceedings since they were first introduced.”
Intellectual Asset Management Patent 1000
“Instrumental here is the command and control of Erika Harmon Arner—the country's foremost USPTO trials expert, according to the IAM Patent 1000 research. ‘A real go-getter’ who has ‘taken the Finnegan group to a different level’, she is ‘super high quality'’, ‘articulate and thoughtful’, and ‘a top lawyer’. ‘She is the best—not figuratively, literally,’ enthuses one client. ‘Her presentation style is calm, easy to understand and persuasive, and her ability to see and avoid the traps set by the other side (or the PTAB panel) is impressive to behold. Her knowledge of the case law is also unparalleled.’”
Intellectual Asset Management Patent 1000
“Peers take special note of her ‘cutting edge IPRs’ and Supreme Court cases.”
Managing Intellectual Property IP Stars
“Finnegan has a repertoire of highly experienced individuals to fill lead counsel and back-up roles on contested proceedings before the PTAB. They include rainmaker Erika Harmon Arner, who boasts ‘brilliant, accurate insights into cases and consistently comes up with the goods.’”
Intellectual Asset Management Patent 1000
“Arner also has gained a steady following based on her experience representing clients in high-profile disputes over patentable subject matter…Her ability to clearly communicate complex legal matters is one of the reasons why clients flock to her…”
Law360 Rising Stars
“Arner…is a guru on business method patents. She filed some of the earliest covered business method and inter partes reviews, stealing a march on many of her peers.”
Intellectual Asset Management Patent 1000
“A ‘supremely talented lawyer,’ Arner has a lot to offer and is hailed as a thought leader on patent eligibility. However, she particularly wows the market with flawless performances in USPTO trials and in appeals to the Federal Circuit.”’
Intellectual Asset Management Patent 1000
“Erika Harmon Arner is a go-to for post-grant proceedings, recognized in the IP field as a pioneer in PTAB litigations.”
Managing Intellectual Property’s IP Stars
“One of, if not the best post-grant practitioner in the country, Erika Harmon Arner continues to garner loud applause from the market as an ‘incredibly creative, thoughtful and goal-oriented’ lawyer.”
Intellectual Asset Management Patent 1000
“The firm has become especially prominent for its post-grant practice – at the forefront of which is Erika Arner in Reston, Virginia.”
Intellectual Asset Management Patent 1000
“Erika Harmon Arner is revered as one of the top post-grant experts…”
Managing Intellectual Property’s IP Stars
“Erika Harmon Arner is one of the foremost PTAB specialists in the country, having taken part in more than 100 proceedings at the Patent Office.”
Managing Intellectual Property’s IP Stars
“Thomas Irving and Erika Harmon Arner are other essential contacts for the address book, the former known for his creative strategies and the latter as a dynamic lead counsel.”
Intellectual Asset Management Patent 1000
Commentary
How Three Firms Snagged Former Government Employees How Three Firms Snagged Former Government Employees
February 1, 2024
Managing Intellectual PropertyAward/Ranking
U.S. News & World Report Names Finnegan One of the Best Companies to Work For U.S. News & World Report Names Finnegan One of the Best Companies to Work For
January 30, 2024
U.S. News & World ReportAward/Ranking
Seven Finnegan Partners Named IAM Global Leaders for 2024 Seven Finnegan Partners Named IAM Global Leaders for 2024
November 14, 2023
IAMPress Release
Finnegan Hires Jennifer Fried to Lead Its Advertising Practice Finnegan Hires Jennifer Fried to Lead Its Advertising Practice
October 16, 2023
Commentary
Natural Friendships: How Patent Lawyers Win Clients at Conferences Natural Friendships: How Patent Lawyers Win Clients at Conferences
October 12, 2023
Managing Intellectual PropertyPress Release
32 Finnegan Attorneys Recognized by Best Lawyers 32 Finnegan Attorneys Recognized by Best Lawyers
August 17, 2023
Best LawyersDue to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.