Eric Krause is a partner in the Intellectual Property Group at Axinn. He has handled patent and trade secret disputes in numerous district courts, the International Trade Commission, and the Patent Trial and Appeal Board. Eric is registered before the United States Patent and Trademark Office and is a former engineer working in the fields of system BIOS, system management, and emerging technologies.
Eric has counseled clients across a variety of industries and technologies involving semiconductor design, semiconductor fabrication and manufacturing tools, Internet of Things (IoT), display and video coding technologies, video streaming, graphics and animation, mobile applications, and wireless communications.
Experience
Applied Materials v. Ocean Semiconductor (P.T.A.B.) – Obtained final written decisions of unpatentability of all challenged claims in four IPRs.
In the Matter of Certain UMTS and LTE Cellular Communication Modules and Products Containing Same (I.T.C.) – Secured final determination of no violation on behalf of Thales DIS AIS Deutschland, Thales DIS AIS USA, Thales USA, and Thales S.A. based on non-infringement and invalidity of all asserted patents involving UMTS/LTE standards and mobile communication modules.
VideoShare v. YouTube et al. (D. Del., C.A.F.C.) – Obtained judgment of invalidity of all asserted patents involving video processing, affirmed on appeal.
Allure v. Nest (E.D. Tex.) – Defeated preliminary injunction against smart thermostats and obtained judgment of invalidity based on indefiniteness.
In the Matter of Certain Liquid Crystal Display Devices, Including Monitors, Televisions, and Modules, and Components Thereof (I.T.C., C.A.F.C.) – Obtained final determination of no violation by the International Trade Commission as to all five asserted patents on behalf of Respondents Chimei InnoLux, InnoLux, and Chi Mei Optoelectronics USA, affirmed on appeal.
In the Matter of Certain Electronic Devices, Including Mobile Phones and Tablet Computers, and Components Thereof (I.T.C.) – Obtained initial determination of no violation of all patents asserted by Nokia against HTC in 337 Investigation involving mobile device technology on behalf of Intervenor Google.
Personal Audio v. Google LLC (E.D. Tex.) – Obtained dismissal and transfer in patent litigation involving audio player devices.
Thought Leadership
- USPTO’s ANPRM Sets the Stage for Latest Revamp of the Discretionary Denial Process, IPWatchdog, May 7, 2023
- Federal Circuit Reverses Course on ‘Appropriate Deference’ in Indefiniteness Determinations, Bloomberg Law, January 5, 2023
- The Uncertain Future of Patent Indefiniteness Under Federal Circuit's Deference Standard, Bloomberg Law, May 6, 2022
- Axinn IP Update: Federal Circuit Confirms That AAPA Cannot Be the Basis for IPRs, But Leaves the “Basis” Determination Question Open, Axinn Update, February 3, 2022
- Banks Fear Patent Lawsuit ‘Avalanche’ After Review Program Ends, Bloomberg Law, September 15, 2020
- Tuning in to Covered Business Method Review's Series Finale, Law360, September 15, 2020
- PTAB Memo Creates Consistency but ‘Shows Pro-patent Agenda’, Managing Intellectual Property, August 31, 2020
- USPTO Clarifies Rules on Prior Art at PTAB, World IP Review, August 20, 2020
- USPTO Says Patent Specification is Evidence, Not Prior Art, Law360, August 19, 2020
Events
Education
- JD, cum laude – University of California, Hastings College of Law (2008)
- BS, Electrical Engineering – Rice University (2000)
Admissions
- California
- US Court of Appeals for the Federal Circuit
- US Court of Appeals for the Ninth Circuit
- US District Court Northern District of California
- US District Court Eastern District of Texas
- US Patent and Trademark Office
- US District Court Western District of Texas