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Eric S. Walters

Eric Walters focuses his practice on intellectual property disputes and strategic advice involving patents, trade secrets, trademarks, copyrights, and licensing. He represents clients in a wide range of industries, including software, hardware, mobile, digital media, biotechnology, semiconductors, medical devices, energy, and consumer products.

Eric's strategic approach has a demonstrated track record of success, often resulting in victory at an early stage of the litigation through early summary judgment, dismissal, or a favorable settlement.

Eric also represents clients in patent challenges before the Patent Trial and Appeal Board of the U.S. Patent and Trademark Office, as well as IP portfolio management and strategy.

Representative Experience

MasterMine, Inc. v. Microsoft Corp.

In patent lawsuit involving Customer Relationship Management (CRM) software, obtained stipulated dismissal with prejudice in district court after favorable claim construction. (D. Minn. 2016 and Fed. Cir. Pending)

Verasonics v. Alpinion

Obtained worldwide injunction against marketing and sales of accused ultrasound system and award of $5.6 million in damages, attorney’s fees, and costs in AAA arbitration involving claims for trade secret misappropriation and breach of contract relating to industry-leading research ultrasound technology. (AAA and W.D. Wash. 2017)

Source Vagabond Systems v. Hydrapak, Inc.

In lawsuit described as the “patent equivalent of a no hitter” by AmLaw publication, obtained summary judgment of non-infringement based on motion filed three months after suit filed, a complete stay on discovery and recovery of $200,000 in Rule 11 sanctions. Also served as lead counsel on appeal, where grant of summary judgment and Rule 11 orders were affirmed in their entirety. (S.D.N.Y. 2012; Fed. Cir. 2013 and 2014)

Message Notification Technologies LLC. v. Microsoft Corp.

Represented the defendant in patent lawsuit relating to email notification systems. The plaintiff dismissed the lawsuit with prejudice after IPR filed. (D. Del. 2015)

Alzheimer’s Institute of America v. CoMentis, Inc.

On behalf of defendant in patent infringement lawsuit involving Alzheimer’s drug development tools, successfully obtained dismissal of lawsuit for lack of standing. (W.D. Okla. 2012)

Secure Web Conference Corp. v. Citrix, Inc.

In patent lawsuit relating to online Web conferencing technology, plaintiff dismissed the case after claim construction briefing was completed. (E.D.N.Y. 2014)

Clear With Computers v. Swisher Acquisition, Inc.

Successfully represented defendant in patent infringement lawsuit involving internet sales proposals, resulting in the plaintiff dismissing the action. (E.D. Tex. 2013)

Regents of the University of California v. Genentech, Inc.*

Counsel for the plaintiff in patent infringement lawsuit over pioneering biotechnology patent. After six-week trial, case settled for $200 million. (N.D. Cal. 1999)

CAP Co., Ltd. v. Microsoft Corp.

Representing the defendant in patent lawsuit relating to firewall and anti-virus technology. (N.D. Cal. and W.D. Wash. Ongoing)

511 Innovations LLC v. Microsoft Corp.

Represented the defendant in patent infringement lawsuit involving optical sensors. Case was successfully resolved via settlement. (E.D. Tex. 2016)

DiCon Fiberoptics, Inc. v. Preciseley, Inc.

Represented the plaintiff in patent infringement action regarding MEMS fiber optic technology before successfully resolving the case through settlement. (N.D. Cal. 2016)

SkipPrint LLC v. AlphaGraphics, Inc.

Represented the defendant in patent lawsuit relating to internet form ordering and Web-to-print technology before successfully resolving case through settlement. (D. Utah 2014)

WhiteHat Security, Inc. v. Cenzic, Inc.

Represented Declaratory Judgment plaintiff in lawsuit involving patent relating to website security, successfully obtained settlement on favorable terms. (N.D. Cal. 2013)

CoMentis, Inc. v. Purdue Research Foundation

Represented the plaintiff in trade secret and licensing dispute with company founder and his university employer arising out of development of small molecule drugs for the treatment of Alzheimer’s disease. (N.D. Ind. 2012)

Confidential JAMS Mediation involving Co-Generation Facility

In commercial dispute involving large co-generation facility, opposing party withdrew its claims in their entirety after successful mediation. (JAMS 2012)

Unified Messaging Solutions LLC v. Interactive One, Inc.

Represented defendant in patent infringement lawsuit involving social network messaging, successfully obtained settlement on favorable terms. (S.D.N.Y./N.D. Ill. 2013)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Partner, Morrison & Foerster LLP, Palo Alto, Calif., 1999-2012

Professional & Community Activities

  • ABA
  • San Francisco Bay Area Intellectual Property Inn of Court

Professional Recognition

  • Selected to "Northern California Super Lawyers," Thomson Reuters, 2014-2017