profile picture of Eric M. Acker

Eric M. Acker

Partner | San Diego

I prepare intellectual property cases for trial in order to put clients in the best position to achieve their goals – either by winning in court or leveraging a favorable resolution short of trial.

Experience

(District of Delaware). Represented Chugai in patent litigation involving Chugai’s revolutionary antibody recycling technology. The team secured a $775 million settlement for Chugai hours before jury selection and opening statements at trial.

(Middle District of Tennessee). Represented MicroPort, a worldwide manufacturer of orthopedic implants, in a five patent action against a competitor that was inducing infringement of MicroPort’s patented minimally-invasive hip surgery procedures. Case settled favorably for MicroPort short of trial.

(Southern District of California). Represented the San Diego County Regional Airport in patent litigation involving camera-based parking guidance technology installed at the Airport. After two years of litigation, plaintiff dismissed all claims of infringement with prejudice.

(Central District of California and District of Utah). Represented Entrata in six-year long trade secret, copyright and antitrust cases. We reached a favorable settlement for Entrata after a jury was selected and just hours before opening statements at trial.

(Central District of California). Represented Alcon in patent litigation regarding Alcon’s femtosecond lasers used for LASIK and cataract surgery. Prevailed on summary judgement that the three asserted patents were not infringed by the accused Alcon lasers.

(District of Nevada). Represented the manufacturer of a generic injectable oncology drug in Hatch-Waxman litigation. After a five-day trial, the district court found clear and convincing evidence of obviousness and invalidated the asserted claims.

(Eastern District of Texas). Represented the manufacturer of a generic version of the glaucoma treatment Lumigan.01 in a week-long trial under the Hatch-Waxman Act.

(Northern District of California). Represented the manufacturer of a generic version of the acid reflux disease treatment Prevacid in a week-long trial under the Hatch-Waxman Act.

(District of Massachusetts). Represented Nikon Metrology in a two-week jury trial in a patent case involving laser line scanner and articulated arm metrology solutions.

(District of New Jersey). Represented the manufacturer of a generic version of the ICU sedative Precedex in a trial under the Hatch-Waxman Act. After an eight-day trial, the court invalidated a method of use patent covering the use of the compound for ICU sedation.


Leading Litigator: Intellectual Property

Lawdragon Top 500 2022, 2024