Erik Swenson

Erik Swenson focuses on creating litigation strategies that are focused on a client’s specific business needs in order to find a fiscally responsible solution. He is a recognized leader in complex patent litigation.

With 20 years of experience and his degree from Massachusetts Institute of Technology (MIT), he has a deep understanding of key technological areas such as telecommunication, computer, semiconductor, Internet and e-commerce software and services, microprocessors, display hardware, and medical devices.

Erik has extensive experience in handling all aspects of patent litigation in federal jurisdictions across the country. He has been lead counsel in over 100 adverse matters, including all aspects of trials, appeals, and administrative proceedings. Erik works tirelessly to achieve the best results for his clients.

Erik has broad-based transactional experience assisting companies in intellectual property transactions and licensing negotiations. He regularly assists intellectual property holders, acquirers and potential licensors in various endeavors.

He has vast experience in patent portfolio evaluation and leads negotiations regarding potential licensing. Erik is experienced in due diligence and providing formal opinions concerning potential infringement, freedom-to-operate, validity and enforceability of client and third party intellectual property.

Erik is also licensed to practice before the U.S. Patent and Trademark Office (USPTO). His patent prosecution practice includes all facets of drafting and prosecuting patent applications before the USPTO, as well as supervising the prosecution of patent applications before many foreign patent offices.

Erik’s patent prosecution experience emphasizes electrical, mechanical, and software technology related matters. He has experience in ex parte prosecution, as well as post-grant proceedings, including IPR’s and ex parte reexamination. Erik has handled IPRs representing both patent owners and patent challengers resulting in favorable outcomes for his clients.

Erik’s background and experience in both patent prosecution and complex litigation matters makes him particularly adept at developing and managing patent portfolios. Erik earned his undergraduate degree from Massachusetts Institute of Technology in 1992 and his law degree from University of Minnesota Law School in 1998.

EXPERIENCE :

• Represented Spell Capital Partners, LLC in its acquisition of Viking Engineering & Development, Inc., a manufacturer of automated wood pallet and bedding manufacturer equipment. The transaction drew on the experience of the firm’s corporate, employee benefits, tax, real estate, intellectual property, and environmental attorneys.
• Served as counsel for Defendant Digital River, Inc. in a patent case involving internet commerce platforms. Successfully obtained a favorable settlement.
• Served as lead counsel for Plaintiff in a patent case regarding a jobsite radio. Successful in motion for judgment on the pleadings barring asserting new product infringes asserted patents. Successfully obtained a favorable settlement.
• Served as lead counsel for Plaintiff concerning a light bar for mounting on emergency vehicles to provide warning light signals. Successfully obtained a favorable settlement.
• Served as lead counsel for Plaintiff in case involving diagnostic testing device for motor vehicles with programmable control devices. Successfully obtained a favorable settlement.
• Served as lead counsel for Plaintiff in case involving data acquisition and display system for motor vehicles. Successfully obtained a favorable settlement.

EDUCATION :

• University of Minnesota Law School, J.D., cum laude, 1998
• Massachusetts Inst. of Technology, M.S., magna cum laude, 1992

BAR ADMISSIONS :

• Minnesota
• United States Patent and Trademark Office

COURT ADMISSIONS :

• U.S. District Court — Eastern District of Michigan
• U.S. Court of Appeals for the Federal Circuit

AFFILIATIONS :

• American Bar Association
• American Intellectual Property Law Association (AIPLA)
• Minnesota Intellectual Property Law Association (MIPLA)
• Minnesota State Bar Association