Eric J. Fues
Partner
Eric Fues focuses on patent and trade secret litigation in U.S. district courts and at the U.S. International Trade Commission (ITC). With over 30 years of litigation experience, he has served as lead counsel in a variety of high-stakes intellectual property disputes in federal court, state court, at the ITC, and on appeal to the U.S. Court of Appeals for the Federal Circuit. He also has significant experience with pharmaceutical patent litigation under the Hatch-Waxman Act, and in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO).
Experience
Certain Solid State Storage Drives, Stacked Electronics Components, and Products Containing Same
Lead counsel defending VAIO and Transcosmos in ITC investigation involving solid state drives.
337-TA-1097, ITC, Judge Lord
Flexsys America L.P. v. Process Engineering Associates LLC
Lead counsel representing Flexsys in trade secret case brought under the Defend Trade Secrets Act (DTSA) and state law.
3:16-cv-00311, E.D. Tenn., Judges Mattice, Guyton
Certain Krill Oil Products and Krill Meal for Production of Krill Oil
Defended Rimfrost in ITC investigation involving krill oil manufacturing.
337-TA-1019, ITC, Judge Lord
Certain Computing Devices with Associated Instruction Sets and Software
Represented VIA Technologies and Centaur in ITC investigation against Apple asserting infringement of microprocessor architectures and the instruction sets associated with microprocessors. The case settled favorably prior to an initial determination.
337-TA-812, ITC, Judge Pender
Teva Pharmaceutical Industries Ltd. v. AstraZeneca Pharmaceuticals LP
Lead counsel defending AstraZeneca in a district court action involving the anti-cholesterol drug Crestor®, including winning summary judgment of invalidity and successfully arguing Federal Circuit appeal.
2:08-cv-04786, E.D. Pa., Judge Yohn
11-1091, Fed. Cir., Judges Dyk, Linn, Rader
As part of a global dispute concerning LED technology that encompassed litigations in the United States, Germany, South Korea, Japan, and China, Finnegan represented LG Electronics and LG Innotek against OSRAM AG in three separate investigations before the ITC and in two related U.S. district court proceedings. All three ITC investigations proceeded to trial, and a final initial determination issued in one proceeding, which the Commission determined to review. The parties, however, reached a global settlement resolving all disputes worldwide before the Commission issued any final decisions and before any trial in the U.S. district courts. Based on public press releases from both parties, LG and OSRAM are pleased to have reached agreement.
337-TA-802, ITC, Judge Rogers
337-TA-784, ITC, Judges Essex, Shaw
337-TA-785, ITC, Judges Bullock, Pender
1:11-cv-00660, D. Del., Judges Andrews, Joyner
4:11-cv-02699, N.D. Cal., N.D. Cal., Judges Hamilton, James
Insights
Articles
Why the ITC Is a Friendlier Forum for Patent Litigation
July 11, 2025
World Intellectual Property ReviewArticles
Patent Law's On-Sale Bar and Commercial Exploitation by Suppliers and Third Parties
March 21, 2025
Reuters
Professional Recognition
“Eric Fues’s…technical expertise is wide ranging, encompassing everything from pharmaceuticals to semiconductors and digital imaging technology.”
“‘Eric Fues is a clean-cut, straightforward lawyer who will go through all the walls he needs to for his client. He does things by the book and won’t spring weird surprises on you.’”
“Smith Brittingham and Eric Fues are lynchpins of the firm's ITC practice.”
“With…Eric Fues on the grind, the lTC remains a happy hunting ground. Fues does many other things at a high level besides lTC actions…”
“Taking the reins of the chemistry unit is Eric Fues, an experienced litigator with a presentation style as elegant as his writing.”
Professional Activities
- International Trade Commission Trial Lawyers Association
(chair, Amicus Committee, 2014-present; president of Executive Committee, 2012-2013; various officer positions, 2002-2012) - American Intellectual Property Law Association
- District of Columbia Bar Association
- Federal Circuit Bar Association
Admissions
- U.S. Patent and Trademark Office
- District of Columbia
- New York
- U.S. District Court, District of Columbia
- Supreme Court of the United States
- U.S. Court of Appeals, D.C. Circuit
- U.S. Court of Appeals, Federal Circuit
Education
- Loyola University of Chicago School of Law
- J.D., 1994
- Northwestern University
- M.B.A., Finance, Marketing, 1989
- Northwestern University
- B.S., Chemical Engineering, 1984
Eric's Practices
- Global IP Enforcement, Litigation, and Trials
- Arbitration and Other ADR
- Branded Hatch-Waxman (ANDA) Litigation and Trials
- Federal Circuit and Supreme Court Appeals
- ITC Section 337 Investigations and Trials
- Patent Litigation and Trials
- Pretrial Strategies
- Trade Secrets
- Prosecution and Portfolio Management
- Appeals to the PTAB
- Due Diligence
- Licensing, Pooling, and Other Transactions
- Opinions and Counseling
- Trade Secrets
Eric's Industries
- AI, Electronics, and Information Technology
- Electrical and Computer Technology
- Electronic Devices and Components
- Chemicals, Industrials, and Materials
- Chemical
- Manufacturing
- Textiles
- Energy
- Clean Energy and Renewables
- Oil and Gas
- Life Sciences
- Biotechnology
- Medical Device and Diagnostics
- Pharmaceutical