- Representing an early pioneer in natural language processing and artificial intelligence in its patent enforcement campaign against two of the largest smartphone makers in the world; at a previous firm, Erik helped the client enforce its patents against one of the largest e-Commerce companies in the world, which led to a verdict of infringement, willful infringement, no invalidity, and damages.
- Represented a leading medical device company that developed a ground-breaking system for spinal surgery in a case against a key competitor; achieved a favorable result for the client at trial.
- Represented a medical device startup founded by a prolific inventor facing a patent suit by a large competitor seeking to destroy the startup before it could reach the commercial stage; achieved a favorable result for the client at trial and on appeal.
- Represented an insurance company in a patent case brought by a large aggressive patent assertion entity; invalidated all asserted patents on section 101 grounds.
- Obtained summary judgment for a manufacturing company in a patent case brought by a key competitor; invalidated all patents as obvious.
- Represented a smartphone maker in its multi-front patent war against a competitor; achieved a favorable result for the client at the ITC and the district court.
Erik J. Carlson
Partner,
- Phone: +1 213 576 2682
- Email: erik.carlson@alston.com
Focusing on high-stakes patent litigation in the high-tech and medical device fields, Erik has guided industry-leading clients through litigation and trials in U.S. district courts around the country. Erik leverages his trial experience and engineering background to effectively advise clients ranging from startups to Fortune 500 companies throughout their intellectual property disputes.
With nearly 15 years of patent litigation experience, Erik Carlson has represented clients before U.S. district courts, the U.S. Patent and Trademark Office, the International Trade Commission, and the U.S. Court of Appeals for the Federal Circuit. Erik focuses his practice on patent jury trials involving complex technologies such as spinal surgery systems and other medical devices, natural language processing and artificial intelligence, telecommunications, cryptography, and cloud computing.
Erik has extensive experience litigating and trying complex patent litigation issues, including willfulness, assignor estoppel, the doctrine of equivalents, prosecution history estoppel, ensnarement, obviousness-type double patenting, prosecution laches, and inequitable conduct.
Erik is also well-versed in complex damages issues, including lost profits, the availability of non-infringing alternatives, the market share approach, convoyed sales and functional unit, inexorable flow of profits, analytical models, apportionment, the entire-market value rule, and reasonable royalties.
Before attending law school, Erik was an aerospace engineer for a major U.S. defense contractor, where he obtained first-hand experience developing complex technology, including infrared targeting pods for fighter jets and image stabilization systems for reconnaissance satellites.
Erik maintains an active pro bono practice where he represents veterans seeking benefits from the VA. Erik has also represented victims of cartel violence in seeking asylum from the U.S. and victims of domestic abuse in seeking domestic violence restraining orders.
Bar Admissions
- California
- U.S. Patent and Trademark Office
Education
- Loyola Law School (J.D., 2009)
- Cornell University (M. Eng., 2003)
- Cornell University (B.S., 2002)
Court Admissions
- U.S. Court of Appeals for the Federal Circuit
- U.S. International Trade Commission
- U.S. District Court, Central District of California
- U.S. District Court, Northern District of California
- U.S. District Court, Southern District of California
- U.S. District Court, District of Delaware
- U.S. District Court, Southern District of Florida
- U.S. District Court, Northern District of Illinois
- U.S. District Court, District of New Jersey
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Northern District of Ohio
- U.S. District Court, Western District of Pennsylvania
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Western District of Texas
- U.S. District Court, Western District of Washington
Memberships
- Judge Paul R. Michel Intellectual Property American Inn of Court
- Federal Circuit Bar Association