Eric Acker is a trial lawyer in the firm's Intellectual Property Practice Group. Mr. Acker has tried more than 50 trials (including more than 47 jury trials) in courtrooms across the country. He has been selected by his peers in 2009-2013 for inclusion in the Best Lawyers in America.
Mr. Acker's recent trials have involved a variety of technologies and significant legal issues. In the high-profile SCO v. Novell case, following a three-week trial, the jury affirmed our client Novell's ownership of the copyrights to the UNIX software code and rejected SCO's claim for damages of $100 to $200 million. Mr. Acker received a 2012 California Lawyer Attorney of the Year Award (CLAY Award) for the defense of Novell. Mr. Acker also recently defended generic drug manufacturer Sandoz in trials under the Hatch-Waxman Act in the Southern District of New York (involving the MS drug Copaxone) and in the District of New Jersey (involving the ICU sedative Precedex). In the Bridge Medical case, following trial, the district court found the patent asserted against our client Bridge Medical (the manufacturer of a patent identification system using wireless technology) unenforceable based on inequitable conduct during prosecution.
Mr. Acker also has obtained outstanding results for clients short of trial. A month before trial, summary judgment of invalidity based on a violation of the best mode requirement was obtained for Nikon Corporation in a patent case in the Southern District of New York. A favorable settlement was reached minutes before opening statements when Kyocera was accused of patent infringement by a Spanish antenna developer in the Eastern District of Texas. A preliminary injunction was granted on behalf of Maxwell Technologies (a developer and manufacturer of ultra capacitors) that led to an early favorable resolution after Maxwell asserted its patents against a rival manufacturer.
Mr. Acker is a past Lawyer Representative to the Ninth Circuit Judicial Conference for the Southern District of California, and also a Master in the Louis Welsh Inn of Court, San Diego Chapter.
Prior to joining Morrison in 1999, he spent ten years as a federal prosecutor in the U.S. Attorney's Offices for the District of Columbia and the Southern District of California.
Mr. Acker was Phi Beta Kappa at the University of California at Berkeley. While at the University of Michigan Law School, he served as an Associate Editor of the Michigan Law Review and was elected to the Order of the Coif.