Eric Rutt

Overview

Eric is an experienced litigator focusing his practice on patent and trade secret litigation. His practice covers all aspects of litigation, including pre-suit investigation, fact and expert discovery, trial, and appeal. He also represents clients in post-grant proceedings. 

Eric has extensive experience litigating in multiple jurisdictions, including the District of Delaware, the Eastern and Northern Districts of Texas, the Northern District of California, the Southern District of New York, the Northern District of Illinois, and the District of Massachusetts.

Eric’s cases have involved a wide range of technologies, including computer systems, software, DNA diagnostics, biologics, chemicals, transgenic seeds, dental prosthetics, medical devices, and consumer products. Eric has examined an inventor before a jury and successfully argued at summary judgment, Markman, and PTAB hearings. 

Experience

District Court Litigation

• Streit v. Private Identity (No. 23-cv-02031, D. Md.) (2023-present): Defended patent owner against claims for correction of inventorship in Maryland. Secured Rule 12(c) dismissal of all claims.
• LiTL v. HP, Dell, ASUSTeK, (Nos. 23-cv-00120, -00121, -00122, D. Del.) (2023-present): Currently representing patent owner in eight-patent suits against HP, Dell, and ASUSTeK. Secured denial of institution in seven related IPR proceedings (IPR2024-00454, -00455, -00457, -00458, -00480, -00481, -00532). Argued Markman; suits ongoing.
• LiTL v. Lenovo (No. 20-cv-00689, D. Del.) (2020-2023): Represented patent owner in six-patent suit against Lenovo. Secured denial of institution in five related IPR proceedings (IPR2021-00681, -00786, -00800, -00821, -00822) and got claims confirmed in four related ex parte reexaminations (90/014,958; 90/014,965; 90/015,025; 90/015,035). Settled favorably.
• ArcherDX v. Qiagen (No. 18-cv-01019, D. Del.) (2018-2021): Represented a cancer diagnostics company in a patent litigation in Delaware against a competitor. Played a key role in architecting the litigation strategy and litigating the case through trial to secure a jury verdict in 2021 finding both asserted patents infringed and not invalid.
• D’Alise v. Straumann (No. 3:17-cv-01744, N.D. Tex.) (2017-2018): Defended Straumann in patent infringement action involving dental component technology. Settled favorably.
• DSA Detection v. ETD Direct (No. 16-cv-10472 D. Mass.) (2016-2017): Defended ETD Direct in a competitor trade secrets case involving explosive detection technology. Settled favorably.
• Zircore v. Straumann (No. 2:15-cv-01557 E.D. Tex.) (2015-2017): Defended Straumann in three-patent suit involving software and dental component technology. Settled favorably.
• Medal Sports v. Franklin Sports (No. 14-cv-08276 N.D. Ill.) (2015-2016): Defended Franklin Sports in patent infringement action involving sporting goods. Settled favorably.
• Vite Technologies v. Smith & Nephew (No. 14-cv-01507 D. Del.) (2014-2015): Defended Smith & Nephew in two-patent suit involving suture anchors. Secured dismissal of litigation after PTAB instituted trial in co-pending IPRs (IPR2016-00381 and -00382) and patent owner requested adverse judgment.
• TiVo v. Kantar/WPP (No. 11-cv-04039, S.D.N.Y.) (2011-2018): Defended Kantar and WPP against claims for patent infringement, trade secret misappropriation, and breach of fiduciary duty. Secured dismissal of TiVo’s patent infringement and trade secret claims at summary judgment. On remand from appeal, succeeded in eliminating TiVo’s $200 million compensatory damages claim and achieving stipulated judgment of non-infringement, followed by attorney-fee award.
• Ascion v. Ruoey Lung (No. 09-cv-11550 D. Mass.) (2009-2015): Assisted in winning multi-million dollar jury verdict on breach of contract claim after successfully invalidating competitor’s patent.

Post-Grant Proceedings

• PGR2023-00022, for petitioner. Secured Final Written Decision invalidating all challenged claims of patent to transgenic seeds.
• IPR2021-01203 and IPR2021-01204, for patent owner. Assisted with securing denial of institution of IPRs challenging two patents directed to botulinum toxin formulations.
• IPR2018-00182 and IPR2018-00323, for patent owner. Secured Final Written Decisions upholding all challenged claims of two patents directed to a purified pharmaceutical compound.
• IPR2017-02004, for patent owner. Assisted with securing denial of institution of IPR challenging a patent directed to a pharmaceutical compound.

Recognition

Eric has been named repeatedly to the list of Massachusetts Rising Stars by Super Lawyers.