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Erika Harmon Arner
+1 571 203 2754

Two Freedom Square
11955 Freedom Drive
Reston, VA 20190-5675

+1 571 203 2700
Fax +1 202 408 4400

Bar and Court Admissions

  • District of Columbia
  • Virginia
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Supreme Court
  • U.S. Patent and Trademark Office


  • Washington and Lee University School of Law
    J.D., cum laude, 1999
  • College of William and Mary
    B.S., Computer Science, 1993

Erika Harmon Arner


Erika Arner, Managing Intellectual Property's 2017 "PTAB Litigator of the Year," focuses on patent office trials, patent prosecution management, client counseling, and litigation, with an emphasis on electronic technology, computer software, and the Internet.

Ms. Arner has represented patent owners and petitioners in more than 100 post-grant review (PGR) and inter partes review (IPR) trials before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), serving as lead counsel in more than 50. She has also argued and won appeals from PTAB trials to the U.S. Court of Appeals for the Federal Circuit, many of which involve issues of first impression in this emerging area of patent law.

In addition to her extensive experience in patent office practice, Ms. Arner is a well-known authority in the area of business method patents and patent-eligibility jurisprudence. She represented the petitioners before the U.S. Supreme Court in Bilski v. Kappos, and has advised clients on issues related to patentable subject matter before the Federal Circuit, U.S. district courts, and the USPTO. Ms. Arner is a frequent author and lecturer on business method and computer-related patents and practice before the PTAB.


  • CQG v. Trading Technologies, Inc. (Fed. Cir.). Argued on behalf of patent owner Trading Technologies, obtaining ruling that claims to inventive graphical user interface are patentable under 35 USC 101.
  • Global Tel-Link v. Securus Technologies (PTAB). Lead counsel for patent owner Securus Technologies, resulting in some or all challenged claims being confirmed in seven patents.
  • FIS v. DataTreasury (Fed. Cir. and PTAB). Represented petitioner FIS in two covered business method (CBM) proceedings; argued and won decisions at the PTAB and Federal Circuit cancelling all claims challenged by FIS.
  • Square, Inc. v. Cooper. (PTAB). Represented petitioner Square, Inc. in three IPR proceedings; argued and won decisions finding all claims challenged by Square unpatentable.
  • SAP v. Versata Software (Fed. Cir. and PTAB). 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.
  • Serves as a member of the firm's management committee.

Professional Recognition

  • Recognized by The Legal 500 U.S. for patent prosecution, re-examinations, and post-grant proceedings, 2013-2017; and as a leading lawyer, 2016, 2017.
  • Recognized by Intellectual Asset Management as a leading patent prosecutor in the D.C. area, 2013-2017; and nationally for post-grant procedures, 2014-2017.
  • Recognized by Managing Intellectual Property as an "Outstanding IP Litigator—PTAB," 2017; "Outstanding IP Litigator—Virginia," 2014-2016; one of the "Top 250 Women in IP," 2013, 2014, 2017; and "IP Star" in Virginia, 2013-2017.
  • Selected by her peers for inclusion in The Best Lawyers in America® for patent litigation, 2017.

    Professional Activities

    • PTAB Bar Association (interim president-elect 2016-2017, co-founder).
    • Intellectual Property Owners Association (vice chair, U.S. Post-Grant Patent Office Practice, 2016-2017; vice chair, Patent Office Practice Committee, 2012-2014; vice chair, Software and Business Method Patents Committee, 2009-2011)
    • American Bar Association (patents editor, Landslide® magazine, 2012-2015; lead patents editor, Annual Review of Intellectual Property Developments, 2010-2012)
    • Virginia State Bar (Intellectual Property Section Board of Governors, 2013-2015) 
    • American Intellectual Property Law Association (Amicus Brief Committee, 2014-2015; Professional Programs Committee 2014-2015)

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