Partner
Erik started his legal career at Finnegan's Washington, D.C. office in 1994, and moved to California in 1997 to help open the firm's Silicon Valley office. He has represented both plaintiffs and defendants in district courts around the United States, in the Court of Appeals for the Federal Circuit, and in the U.S. Supreme Court. He has worked for startups and Fortune 100 companies in a wide variety of technical fields, including software, telecommunications, computer hardware, semiconductors, medical diagnostics, medical devices, and pharmaceuticals.
Erik is consistently recognized for his work as a leading patent litigator. He has been recognized by The Legal 500 U.S. for patent litigation, and as a leading patent litigator in California by Intellectual Asset Management. He was selected as one of the 75 Leading Intellectual Property Litigators in California by the Daily Journal. Erik was named in The 2015 BTI Client Service All-Stars for "superior client service."
Firm leadership roles over the years include serving as leader of the firm's appellate section; managing partner of the firm's Palo Alto office; as a member of the firm's management and compensation committees; and as partner-in-charge of recruiting in the firm's Palo Alto office, of which Erik is a founding member.
In his pro bono practice, Erik represented an honorably discharged, disabled veteran, in an appeal from a denial of benefits from the U.S. Department of Veterans affairs.
3:08-cv-02912, N.D. Cal., Judges Addy, Brazil, James, Vegas, White
14-1629, -1630, Fed. Cir., Judges Chen, Dyk, Prost
09-1085, Fed. Cir., Judges Michel, Newman, Prost
10-290, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
09-1504, Fed. Cir., Judges Moore, Prost, Schall
11-1105, Fed. Cir., Judges Bryson, Dyk, O'Malley
5:08-cv-00102, W.D. Tex., Judges Furgeson, Rodriguez
04-1422, Fed. Cir., Judges Dyk, Gajarsa, Rader
03-1625, -1626, Fed. Cir., Judges Prost, Clevenger, Gajarsa
18-2024, -2025, Fed. Cir., Judges Prost, Wallach, Hughes
337-TA-1053, ITC, Judge McNamara
3:12-cv-04411, N.D. Cal., Judge Chen
Represented Roland DG of Japan in patent infringement lawsuit over large-format printers used for making indoor/outdoor banners, displays, and signs and vehicle graphics. The case was dismissed after the parties reached a mutually agreeable settlement shortly before case was in ready for trial.
3:06-cv-02024, D. Conn., Judges Covello, Martinez
3:14-cv-03228, N.D. Cal., Judge Laporte
3:08-cv-02912, N.D. Cal., Judges Addy, Brazil, James, Vegas, White
14-1629, -1630, Fed. Cir., Judges Chen, Dyk, Prost
15-1200, Fed. Cir., Judges Lourie, Prost, Wallach
3:13-cv-00457, N.D. Cal., Judges Chen, Corley, Tigar
14-1612, -1655, Fed. Cir., Judges Bryson, Chen, Lourie
12-1163, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
11-1219, Fed. Cir., Judges Dyk, Mayer, Newman
4:03-cv-01384, N.D. Tex., Judges Lancaster, Means
3:07-cv-01274, N.D. Tex., Judges Godbey, O'Connor
3:11-cv-05776, S.D. Cal., Judges Ryu, Seeborg
11-7084, Fed. Cir., Judges Linn, Dyk, Reyna
2010-1-CV-178564, Sup. Ct. of Cal., Santa Clara County, Judge Kirwan
10-1035, -1055, -1326, Fed. Cir., Judges Linn, Moore, Rader
5:10-cv-03738, N.D. Cal., Judge Lloyd
337-TA-707, ITC, Judge Essex
1:10-cv-00327; 2:10-cv-00152, E.D. Va., Judges Lee, Jones; Friedman, Stillman
09-1085, Fed. Cir., Judges Michel, Newman, Prost
1:07-cv-0063, D. Del., Judges Farnan, Stark
06-1020, -1078, -1079, -1098, -1099, -1194, -1195, Fed. Cir.
06-1115, Fed. Cir.
1:04-cv-00358, S.D. Ind., Judges McKinney, Shields
1:01-cv-00401, D. Del., Judge Robinson
1:98-cv-00586, D. Del., Judge Farnan
3:03-cv-04446, N.D. Cal., Judge Illston
1:02-cv-02438, D. Md., Judge Garbis
2:03-cv-00678, E.D. Va., Judges Doumar, Miller
Represented a major computer and computer-peripheral manufacturer accused of stealing trade secrets relating to internet and printer technologies by a former developer. The plaintiff was asking for more than $1,500,000,000 in damages. Obtained a rare summary judgment of independent development from the district court, which was affirmed on appeal.
4:98-cv-03349, N.D. Cal., Judge Wilken
01-1459, -1548, Fed. Cir., Judges Michel, Plager, Rader
3:00-cv-02394, N.D. Cal., Judges Jenkins, Spero
3:01-cv-00778, M.D. Fla., Judge Melton
Handled an appeal for an oil-refining equipment manufacturer accused by a rival of misappropriating trade secrets. The district court had found that the manufacturer had hired away the rival’s employees and encouraged them to use their former employer’s trade secrets to design refinery equipment. The district court awarded nearly $70,000,000 in damages. After a one-sided oral argument in which all three judges on the panel repeatedly criticized the district court’s reasoning, the case settled for a tiny fraction of the original award.
Nuance Communications Inc,. v. Abbyy USA Software House Inc.
Lead counsel representing software manufacturer ABBYY, a Russian company (with a Silicon Valley subsidiary) that makes software for optical character recognition technology, and Lexmark International, a leading manufacturer of printers and scanners. The plaintiff, Nuance Communications, asserted eight patents against several different product lines, claiming damages in excess of $260 million. A jury found for ABBYY and Lexmark on all issues and the district court entered final judgment against Nuance. The Federal Circuit affirmed the district court's judgment.
3:08-cv-02912, N.D. Cal., Judges Addy, Brazil, James, Vegas, White
14-1629, -1630, Fed. Cir., Judges Chen, Dyk, Prost
Innovative Therapies, Inc. v. Kinetic Concepts, Inc.
Lead counsel for Kinetic Concepts (KCI) on appeal. Argued the appeal from a district court judgment dismissing the case for lack of declaratory judgment jurisdiction. The Federal Circuit affirmed the judgment and dismissed the case.
09-1085, Fed. Cir., Judges Michel, Newman, Prost
Member of the team that obtained a unanimous decision from the Federal Circuit affirming a district court judgment of willful infringement and a damages award of approximately $290 million (the second largest patent damages award ever affirmed on appeal), and the entry of a permanent injunction against Microsoft's flagship Word software. The Federal Circuit also upheld the validity of the patent.
10-290, S. Ct., Judges Alito, Breyer, Ginsburg, Kagan, Kennedy, Roberts, Scalia, Sotomayor, Thomas
09-1504, Fed. Cir., Judges Moore, Prost, Schall
Kinetic Concepts, Inc. v. Smith & Nephew
11-1105, Fed. Cir., Judges Bryson, Dyk, O'Malley
5:08-cv-00102, W.D. Tex., Judges Furgeson, Rodriguez
SanDisk v. Memorex Prods., Inc.
04-1422, Fed. Cir., Judges Dyk, Gajarsa, Rader
03-1625, -1626, Fed. Cir., Judges Prost, Clevenger, Gajarsa
Conference
2021 AIPLA Virtual Mid-Winter Institute 2021 AIPLA Virtual Mid-Winter Institute
February 1-5, 2021
Virtual
Webinar
SEP Battles: Strategic Considerations and Recent Decisions SEP Battles: Strategic Considerations and Recent Decisions
December 16, 2020
Webinar
Seminar
Practical Considerations for Companies Facing Trade Secret Issues Practical Considerations for Companies Facing Trade Secret Issues
November 20, 2020
Virtual
Articles
SEP Users Should Jettison Antitrust For Patent, Contract Law SEP Users Should Jettison Antitrust For Patent, Contract Law
October 15, 2020
Law360Articles
German FRAND Decision May Shape Global SEP Landscape German FRAND Decision May Shape Global SEP Landscape
August 25, 2020
Law360Conference
2021 AIPLA Virtual Mid-Winter Institute 2021 AIPLA Virtual Mid-Winter Institute
February 1-5, 2021
Virtual
“Maintaining a California presence for eminent boutique Finnegan, Erik Puknys has practised in Silicon Valley for over two decades. A former USPTO examiner and polished litigator, he develops lasting protection for clients.”
Intellectual Asset Management Patent 1000
“One of its chief figures on the West Coast is Palo Alto-based Erik Puknys, a robust litigator who also leads the firm’s appellate division – which many consider to be the best in intellectual property in the country. With so much post-grant appeals activity going on right now, he and his group are in hot demand.”
Intellectual Asset Management Patent 1000
“‘Erik Puknys is a really good guy,’ says a client. ‘He has phenomenal knowledge of case law; he’s very sharp on strategy. [He has] really good client skills [and is a] great guy.’”
Managing Intellectual Property IP Stars
“‘Erik Puknys is genuinely interested in your technology and in getting the right patent for your business. He really takes the time to understand what you are doing and then works his magic. Most would fail to get the intellectual property he gets granted and he is great at coming up with creative, effective arguments when you do get a claim rejected.”
Intellectual Asset Management Patent 1000
“Erik Puknys flies the flag of celebrated boutique Finnegan, Henderson, Farabow, Garrett & Dunner in California. He leads the firm’s appellate practice, which is one of the best in the country.”
Intellectual Asset Management Patent 1000
“Puknys leads the firm’s appellate practice, which is one of the best in the business.”
Intellectual Asset Management Patent 1000
“Maintaining a California presence for eminent boutique Finnegan, Erik Puknys has practised in Silicon Valley for over two decades. A former USPTO examiner and polished litigator, he develops lasting protection for clients.”
Intellectual Asset Management Patent 1000
“One of its chief figures on the West Coast is Palo Alto-based Erik Puknys, a robust litigator who also leads the firm’s appellate division – which many consider to be the best in intellectual property in the country. With so much post-grant appeals activity going on right now, he and his group are in hot demand.”
Intellectual Asset Management Patent 1000
“‘Erik Puknys is a really good guy,’ says a client. ‘He has phenomenal knowledge of case law; he’s very sharp on strategy. [He has] really good client skills [and is a] great guy.’”
Managing Intellectual Property IP Stars
“‘Erik Puknys is genuinely interested in your technology and in getting the right patent for your business. He really takes the time to understand what you are doing and then works his magic. Most would fail to get the intellectual property he gets granted and he is great at coming up with creative, effective arguments when you do get a claim rejected.”
Intellectual Asset Management Patent 1000
“Erik Puknys flies the flag of celebrated boutique Finnegan, Henderson, Farabow, Garrett & Dunner in California. He leads the firm’s appellate practice, which is one of the best in the country.”
Intellectual Asset Management Patent 1000
“Puknys leads the firm’s appellate practice, which is one of the best in the business.”
Intellectual Asset Management Patent 1000
Announcement
Best Lawyers Recognizes 21 Finnegan Attorneys Best Lawyers Recognizes 21 Finnegan Attorneys
August 28, 2020
Press Release
Finnegan Maintains Top Rankings in 2020 IAM Patent 1000 Guide Finnegan Maintains Top Rankings in 2020 IAM Patent 1000 Guide
June 17, 2020
Intellectual Asset ManagementPress Release
31 Finnegan Attorneys Named Managing Intellectual Property IP Stars 31 Finnegan Attorneys Named Managing Intellectual Property IP Stars
May 4, 2020
Managing Intellectual PropertyMedia Mention
Fed. Circ. Faults PTAB Decision Upholding Bike Chain Patent Fed. Circ. Faults PTAB Decision Upholding Bike Chain Patent
December 18, 2019
Law360Commentary
4 Tips for Presenting a Patent Infringement Case to Jurors 4 Tips for Presenting a Patent Infringement Case to Jurors
September 11, 2019
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