Erik R. Fuehrer

Partner

Emailerik.fuehrer@us.dlapiper.com

About

Areas of FocusLitigation, Arbitration and Investigations Intellectual Property Patent Litigation

Bar admissionsCalifornia

CourtsUnited States District Court for the Northern District of CaliforniaUnited States District Court for the Central District of CaliforniaUnited States District Court for the Southern District of CaliforniaUnited States District Court for the Eastern District of CaliforniaUnited States District Court for the Eastern District of MichiganUnited States District Court for the Eastern District of TexasUnited States Court of Appeals for the Federal Circuit

EXPERIENCE

Member of team in the successful defense of a multi-national technology company in the Northern District of California against a patent infringement claim regarding wireless communication. We obtained summary judgment of non-infringement, which was subsequently upheld on appeal to the Federal Circuit. The Federal Circuit's precedential decision addressed a matter of first impression, namely whether statements made during preliminary proceedings in IPRs can result in a prosecution history disclaimer (the Court ruled that they can).
Technology Properties Limited (TPL) LLC v. Samsung Electronics Co., Ltd. – United States International Trade Commission (ITC) and Northern District of California. Representing Samsung in patent infringement litigation brought against it by TPL that began in the ITC, where we obtained a no violation finding based upon non-infringement. TPL then turned to the district court, where, after we obtained a favorable Markman ruling, TPL stipulated to non-infringement and appealed to the Federal District. After the Federal Circuit largely upheld the district court's claim construction, we obtained summary judgment of non-infringement judgment. The case currently is on appeal to the Federal Circuit.
Certain Optical Disc Drives, Components Thereof, And Products Containing The Same (337-TA-897). Represented respondent in ITC investigation involving 6 patents regarding optical disc drive technology. Obtained two Initial Determinations from the ALJ finding complainant did not have standing, which were upheld by the Commission after review.
Cypress Semiconductor Corp. v. GSI Technology, et al. – United States International Trade Commission and Northern District of California. Represented Respondent GSI Technology, Inc. and certain of its customers in this ITC investigation in which Cypress Semiconductor alleged that GSI's SRAM chips infringed four Cypress patents. The ALJ's Initial Determination found no infringement as to any of the four patents and no domestic industry. The Commission affirmed the non-infringement and domestic industry findings and further found one of the four patents invalid.
Represented a multinational technology client in a five patent United States International Trade Commission investigation concerning mobile device power management and touchscreen technologies. Obtained an Initial Determination by the ALJ, and a Final Determination from the Commission, finding no violation as to all patents based upon findings of non-infringement and no domestic industry.

Awards

The Legal 500 United States
2021 - Recommended, Patent Litigation: Full Coverage

Education

J.D., University of California, Davis School of Law

B.A., Political Science, Sociology, University of California at Berkeley

Prior Experience

Judicial Extern, the Honorable Ronald M. Whyte, United States District Court, Northern District of California (June 2005 – Aug. 2005)
Research Assistant for Professor Lauren Edelman, Berkeley Law (Oct. 2002 – Aug. 2004)

Memberships And Affiliations