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 20 ITC investigations and dozens of district court matters. Mr. Fues also represents clients before the U.S. Court of Appeals for the Federal Circuit, and he provides client counseling services.

Mr. Fues has broad experience in all aspects of litigation, including examining witnesses at trial; taking and defending depositions; drafting pleadings, claim construction briefs, and dispositive motions; and arguing matters in court. While his cases have involved a wide array of technologies, Mr. Fues has primarily focused on the fields of specialty chemicals, pharmaceuticals, semiconductors, LEDs, digital imaging, 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

• Certain Light-Emitting Diodes and Products, 337-TA-784, -785, and -802 (ITC). Represented LG Electronics and LG Innotek in related ITC investigations against OSRAM involving white-light LEDs.
• Certain Computing Devices with Associated Instruction Sets and Software, 337-TA-812 (ITC). Represented VIA Technologies in an ITC investigation against Apple involving microprocessor architectures.
• Teva Pharmaceutical v. AstraZeneca Pharmaceuticals (E.D. Pa., Fed. Cir.). Defended AstraZeneca in a district court action involving the anti-cholesterol drug Crestor®, including winning summary judgment of invalidity and successfully arguing Federal Circuit appeal.
• Certain Automotive Multimedia Display and Navigation Systems, 337-TA-657 (ITC). 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.
• Certain Pesticides and Products Containing Clothianidin, 337-TA-635 (ITC). Defended Syngenta in an ITC investigation where the Commission terminated Sumitomo’s investigation against Syngenta based on a license arbitration agreement.
• Ciba Specialty Chemicals v. Hercules (D. Del.). Defended Hercules in a district court action involving polymer chemistry and secured a summary judgment ruling of non-infringement in favor of Hercules.
• Certain Polyethylene Terephthalate Yarn and Products Containing Same, 337-TA-457 (ITC, Fed. Cir.). Defended Hyosung Corporation in an ITC investigation involving methods of making tire cord fibers that resulted in a summary determination ruling of patent invalidity, affirmed on appeal.
• Represented Hoffman-La Roche in a successful arbitration proceeding against Berlex Laboratories involving recombinant beta interferon.
• Day International v. Reeves Brothers (D.S.C., Fed. Cir.). Represented Reeves Brothers in a district court action resulting 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, 1993-1994.
• Former semiconductor engineer at Texas Instruments, 1984-1987.

Professional Activities

• Federal Circuit Bar Association
• International Trade Commission Trial Lawyers Association; Executive Committee, president 2012-2013; various officer positions, 2002-2012 
• 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.