Erick S. Robinson

As the Co-Chair of the firm’s Intellectual Property Practice Group, Erick Robinson manages and tries “bet-the-business” patent cases on both the plaintiff and defendant side for clients from Fortune 100 companies to sole inventors. An experienced trial lawyer, patent litigator, and IP strategist with a technical background in computer science, electronics, and biotechnology, he fiercely protects his clients’ patents, trade secrets, and other intellectual property. A U.S. patent attorney, he also has broad experience in patent monetization and licensing, litigating and trying trade secret disputes, and litigating inter partes reviews before the Patent Trial and Appeal Board (PTAB). In addition, Erick is a certified Texas mediator.

Erick has managed and tried patent cases in the United States and around the world, including multi-jurisdictional cases in China, Germany, France, Brazil, Vietnam, and Singapore. Domestically, he focuses on patent litigation in federal district courts as well as the International Trade Commission and spends much of his time in the Eastern and Western Districts of Texas, where in addition to serving as lead counsel, also assists other firms and attorneys as local counsel.

Erick has more than 20 years of patent litigation experience at large law firms and companies. In addition to his time at top law firms, he also previously served as Director of Patents for Qualcomm and as Senior Patent Counsel at Red Hat. He also served as Director of Patent Litigation at a top Chinese law firm. Erick is a trusted authority on patent and antitrust law in the United States, China, and Europe and has been selected as one of the Leading 300 IP Strategists Worldwide by Intellectual Asset Management (IAM) every year since 2014 as well as a Super Lawyers Rising Star for Intellectual Property Litigation.

He authors both the China Patent Blog and Waco Patent Blog and has published dozens of articles on U.S. and Chinese patent litigation. Erick is frequently quoted in the Wall Street Journal, Financial Times, Intellectual Asset Management, and other publications on U.S. and Chinese patent and antitrust issues.

Highlights of Erick’s experience include:

• Represented a patent owner in patent litigation in the Eastern District of Texas against a prominent technology company resulting in a ruling of willful infringement and an injunction plus over $290M in damages.
• Represented the plaintiff in a trade secret case in California regarding non-volatile memory with a jury verdict of over $465M, which was the largest IP verdict in California history and the third largest IP verdict in the United States at the time. Case later settled for $288M
• Represented patent owner against major electronic communications company in multi-national patent litigation, including Germany and the Eastern District of Texas, resulting in a settlement of over $267M.
• Represented patent owner against major product manufacturing/sales company in the Eastern District of Texas, obtaining an injunction and enhanced damages, resulting in a $31M settlement.
• Representing patent owner against major electronics company accused of infringing multiple patents covering LED technology.

Presentations and Publications

• Author/owner of ChinaPatentBlog.com blog regarding Chinese patent litigation.
• Author/owner of WacoPatentBlog.com blog regarding patent litigation in the Waco division of the Western District of Texas.
• “The Venue Decision: Stats & Strategy at Top U.S. Patent Courts,” IP Dealmakers Forum, December 2022.
• “The CAFC vs. Texas: Mandamus and the Battle Over Venue,” IPWatchdog’s Patent Litigation Masters, May 2022.
• “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases,” Texas Lawyer, March 7, 2022.
• “The Future of Patent Monetization,” IP Watchdog LIVE 2021, September 12, 2021, Dallas, Texas.
• Live Interview on CNBC regarding Chinese patent litigation, October 8, 2019. See also https://www.cnbc.com/video/2019/10/09/china-is-the-best-place-in-the-world-to-enforce-patents.html
• “New Preliminary Injunction Rules Set Stage for Apple’s Showdown With Qualcomm” Intellectual Asset Management (IAM), January 25, 2019.
• “China’s New Draft Patent Law Has Innovation at Heart,” China Law & Practice (ALM), January 10, 2019.
• “Opinion: Establishment of IPR Court Sign of China’s Continued Innovation” CGTN (China Global Television Network), a Chinese international English-language news channel of the State-owned China Global Television Network group, part of the China Central Television (CCTV), January 2, 2019.
• “Everything You Need to Know about China’s New Preliminary Injunction Rules” Intellectual Asset Management (IAM), December 21, 2018.
• “Leveraging China to Commercialize Your Invention: Licensing and Enforcement in a Chinese Commercialization Strategy,” ABA IP West, Newport Beach, October 4, 2018.
• “China Has Gone From Worst To First In Patent Enforcement,” Licensing Executives Society (LES) Webinar, September 17, 2018. (Note: Complete and Submit Form to View Video).
• “How To Win a Patent Case In China as a Plaintiff” IAM Magazine, August 2018.
• “The Patent Systems In Asia And Their Importance For International IP Enforcement” Sedona Conference, Reston, VA, February 2018.
• “Why You Should Protect and Enforce Your IP in China” Managing Intellectual Property, July 10, 2017
• “Why the Unified Patents Model Would Not Work in China” IPR Daily, April 27, 2017.
• “Why the Unified Patents Model Would Not Work in China” IP Watchdog, April 26, 2017.
• “IP in China” Panelist, Fordham IP Institute, April 20, 2017.
• “Why China Is A Good Place For NPEs” IP Law360, March 13, 2017
• “Why NPEs are Necessary for China to Dominate Its Domestic Chip Industry” IP Watchdog, February 2, 2017.
• “Non-Practicing Entities Can Help Support Innovation and Tech Companies in China” Global Times (in conjunction with The People’s Daily), December 28, 2016.
• “Defending a Patent Case in the Brave New World of Chinese Patent Litigation” IAM Magazine, December 1, 2016.
• “China: New King of the Patent Litigation Hill” IP Dealmakers Forum, NYC, November 17, 2016.
• “IIPLA Global IP Summit 2016 London: Patent Litigation in China” October 14, 2016, video of presentation.
• “How to Obtain Effective Evidence in China” Managing IP, October 2016.
• “China’s Evolution From Manufacturing To Innovation: Erick Robinson Examines How Patents And The Anti-Monopoly Law Are Changing The Rules In China And How Companies Can Protect Themselves” Intellectual Property Magazine, July 7, 2016.
• Patent Enforcement in China: For Executives and In-House Counsel, Text, To Be Published Early 2019.
• “China Patent Blog”, November 2015-Present (ChinaPatentBlog.com).
• “Foreign Companies in China Must Learn That Respect Is Paramount” Financial Times, November 20, 2015.
• “China Increasing Patent Rights as US Goes the Other Way” IP Law 360, October 22, 2015.
• “Status of Software Patents in the US and Asia” Global IP Convention, Hyderabad, January 2014.
• Moderator, “The Role of Patent Aggregators” Advanced Patent Law Institute, Austin, October, 2011.
• Panel Member. “Patent Reform” 2011 Federal Circuit/Eastern District of Texas Conference, September 2011.
• “Emergency Ignored: Current Status of the Patent Reform Act” OpenSource.com, March 2011.
• “Emerging Trends and Opportunities in Protecting Intellectual Property including European Forums” 24^th Annual Technology Law Conference, Austin, Texas, May 2011.
• “A Hazy Shade of Value: Software Patents Just Took A Hit” OpenSource.com, January 2011.
• Panel Member “Non-Practicing Entities v. Alleged Infringers” 2010 Eastern District of Texas Bench/Bar
• Moderator and Panel Member “Perspectives of Patent Owners and Accused Infringers” 2009 Eastern District of Texas Bench/Bar Conference, Frisco, Texas, October 2009
• “The Ethics of Contingency Fee Relationships” 2009 AIPLA Spring Meeting, Presentation
• “Effective Use of Intellectual Property: Business, Patents, and Litigation” Association of Small Business Development Centers 2008 Annual Conference, Chicago, September 2008
• Speaker, “Patent Reform 2007 – Where Are We Now?” 45th Annual IP Law Conference, Plano, Texas
• Moderator and Speaker, “Patent Law Update and Strategies for Litigating Patent Cases in the Eastern District of Texas,” 2007 Eastern District of Texas Bench/Bar Conference, Galveston, October 2007
• “Strategic Use of IP Rights: Patent Productization and Patent Litigation.” Association of Small Business Development Centers 2006 Annual Conference, Houston, Texas, September 2006
• “The Satire/Parody Distinction in Copyright and Trademark Law—Can Satire Ever Be a Fair Use?” American Bar Association Litigation Section, ABA Roundtable, Houston, Texas, June 2006
• “Open Source: An Overview of the Risks and Rewards of the Mysterious World of Open Source Software Licensing.” Hispanic National Bar Association Intellectual Property Law Conference, Seattle, March 2006
• “Arbitration: Advantages, Disadvantages, and a Potential Hazard of Arbitration Clauses.” Mealey’s Environmental Litigation Conference, Houston, Texas, April 2005
• “Protecting Licensed Intellectual Property in Bankruptcy.” The Metropolitan Corporate Counsel, May 2004
• “Intellectual Property Licensing: Not One Size Fits All.” The Metropolitan Corporate Counsel, February 2004
• “How to Protect Your Software: Copyright.” Computer User, May 2004
• “How to Protect Your Software: Patents.” Computer User, April 2004
• “Bankruptcy Considerations in Erick Software Licenses.” Kansas City Business Journal, March 2004
• “Exercising Rights: Fitness Industry Now Patently Competitive.” San Antonio Business Journal, October 2003

QUOTED IN MAJOR PUBLICATIONS:

• West Texas Patent Case Assignment Order Stays in Place, for Now, Bloomberg Law, December 22, 2022
• “Soaring US Patent Litigation Funding Triggers Intense Disclosure Debate,” IAM, October 7, 2022
• “Albright’s Dimmed Power Upsets New Waco Patent Practices,” Law360, July 28, 2022
• “The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases,” Texas Lawyer, August 10, 2022
• “A Cautious Welcome: Patent Community Chimes in on Tillis’ Eligibility Bill,” IP Watchdog, August 3, 2022
• “Albright’s Dimmed Power Upsets New Waco Patent Practices,” Law360, July 28, 2022
• “Patent Plaintiffs Scrambling After Texas Court Cools Hotspot,” Bloomberg Law, July 27, 2022
• “American Axle Denied: Patent Stakeholders Sound Off on SCOTUS’ Refusal to Deal with Eligibility,” IP Watchdog, July 4, 2022
• “Venue Discovery May Help Patent Owners Keep Suits In WDTX,” Law360, May 23, 2022
• “Judge Albright Only Got More Popular In 2021,” Law360, May 18, 2022
• “Patent Litigation Finance Moves Into The Mainstream, But Splits Opinion As It Does So,” Intellectual Asset Management (IAM), September 27, 2021.
• “One Judge Turned Waco, Texas Into The Go-To City For Big Tech Patent Lawsuits, With Nearly 800 Cases Iin the Past Year, and No End in Sight” Business Insider, April 24, 2021.
• “What Is In the Water in Waco? A Lot of Patents!” WacoPatentBlog.com blog, April 9, 2021.
• “Wave of Litigation Against Netgear Signals Evolving NPE Threat in China” Intellectual Asset Management (IAM), J, February 10, 2021.
• “Chinese Government Subsidies Fuel Surge In Patents But Experts Warn It’s Quantity Over Quality” South China Morning Post, April 15, 2020.
• “US-China Deal’s Patent Rules Will Boost Branded Drug Cos.” Intellectual Asset Management (IAM), January 16, 2020
• My settlement listed as #8 of the top 10 worldwide patent market developments of 2019 by IAM, December 30, 2019.
• “China Is Taking Patents Seriously. The World Should Take Notice” The Diplomat, December 12, 2019.
• Interview with CNBC International Regarding Chinese Patent Enforcement and the Trade War, October 8, 2019.
• “Tempered TIER Tantalises US-China Trade War Thaw” Financier Worldwide, August 2019.
• “Apple Pays $1 Billion for Intel Unit in Push for Chip Independence” Reuters, July 25, 2019.
• “Huawei Staff Banned from US Offices as Research Arm Futurewei Seeks Split from Chinese Parent After Trade-War Blacklist” South China Morning Post, June 25, 2019.
• “Exclusive: Huawei’s U.S. Research Arm Builds Separate Identity” Reuters, June 24, 2019.
• “You’re Huawei Off Base on This, Rubio: Lawyers Slam US senator’s Bid to Ban Chinese Giant from Filing Patent Lawsuits” The Register (UK), June 21, 2019.
• “S. Firm Interdigital Still Expects to Strike a 5G Deal with Huawei” CGTN (China Global Television Network), a Chinese international English-language news channel of the State-owned China Global Television Network group, part of the China Central Television (CCTV), May 23, 2019.
• “InterDigital Expects to be Able to License 5G Tech to Huawei, Despite U.S. Ban” Reuters, May 20, 2019.
• “All the Major China IP Stories You Missed Over the Holidays” Intellectual Asset Management (IAM), January 4, 2018.
• “Qualcomm Seeks China Sales Ban on iPhone XS and XR” Financial Times, December 13, 2018.
• “Revealed: The Chinese Patents That Earned Qualcomm an iPhone Injunction” Intellectual Asset Management (IAM), December 11, 2018.
• “Huawei Arrest Row Could Backfire On The US And End Up Damaging Apple, China Warns” Huffington Post, November 12, 2018.
• “China Positioning Itself As A World IP Rights Leader” IP Wire, August 31, 2018.
• “Qualcomm Shows How to Learn from China Mistakes” Financial Times, August 7, 2018.
• “Criminal Charges Against Shanghai Patent Trolls Could Lead To A Broader NPE Debate in China,” Intellectual Asset Management (IAM), July 26, 2018.
• “Injunctive Relief Around the World,” Intellectual Property Magazine, Webinar, July 12, 2018.
• “Huawei vs. Samsung Patent Lawsuit Shows The Growing Power of Chinese Courts” Gizmo China, June 12, 2018.
• “Huawei Patent Case Shows Chinese Courts’ Rising Clout,” Reuters, June 11, 2018.
• “Chinese Courts Curb IP Theft as US Sees Bigger Threat,” Financial Times, May 29, 2018.
• “Trump Tweet Brings Sense of Relief, Uncertainty at China’s ZTE,” Bloomberg, May 14, 2018.
• “Qualcomm To Refile China Antitrust Application For $44 Billion NXP Takeover: Sources” Reuters, April 16, 2018.
• “Qualcomm Seeks More Time on China NXP Approval” Mobile World Live, April 2018
• “China’s Standard-Essential Patents Challenge From Latecomer to (Almost) Equal Player?” Special Report, Centre for International Governance Innovation or its Board of Directors, Dieter Ernst, 2017.
• “Enforcing Intellectual Property Rights in China,” Panel Moderator, US Patent & Trademark Office Road Show, Chicago, October 20, 2017.
• “Patently Tough: Long Road Ahead For Qualcomm In China Case Against Apple” Reuters, October 17, 2017.
• “Don’t Expect A Chinese iPhone Injunction Anytime Soon in the Qualcomm v. Apple Fight” Intellectual Asset Management (IAM), October 16, 2017.
• “Long, Rough Road Ahead For Qualcomm and Apple in Chinese Courts” Apple Insider, October 2017.
• “Chinese President Xi Jinping Says Infringers Should Be Punished and Pay a Heavy Price” IP Watchdog, July 23, 2017.
• “Dominion Harbor Teams Up With Top-Rated Local Law Firm To License Kodak Portfolio in China” Intellectual Asset Management (IAM), June 29, 2017.
• “Why China Should Top Your List of Countries for Foreign Patent Filing” Sunstein Law IP Update, June 2017
• “Enclave of Ingenuity: The Plan and Promise of the Beijing Intellectual Property Court,” Max Goldberg, Yale University EliScholar, May 19, 2017.
• “Lone Star Strategies For IP In China,” Panel Member, US Patent & Trademark Office Road Show, Houston, May 2, 2017.
• “China Becoming More Attractive For Foreign Patent Owners” IP Law 360, April 19, 2017
• “China Is Rising For Patent Litigation” Lexpert, March 15, 2017.
• “China Is Poised to Overtake the U.S. As the Leading Patent System” IP Closeup, January 2017.
• “Experts: Void From U.S. Patent “Train Wreck” Is Being Filled By China’s Patent System,” Patexia, January 30, 2017.
• “Patent Litigation in China,” Online Presentation, January 2017.
• “China Smashes World Patent Record with 1M Filings in a Year” Financial Times, November 24, 2016.
• “Patent Trolls: Inside Sony’s Cross-border Patent Infringement” ACC Docket, November 22, 2016.
• “At Bottom, Nowhere to Go But Up, Patent Investors Say” Bloomberg BNA, November 18, 2016.
• “WiLAN Must Navigate Its Local Relationships with Added Care as It Wades Deeper into the Asian Patent Market” Intellectual Asset Management (IAM), November 8, 2016.
• “Canadian Company Wilan Sues Sony in China for Patent Violation,” China Topix, November 7, 2016.
• “China’s Patent-Lawsuit Profile Grows” Wall Street Journal, November 7, 2016.
• “Sony Sued in China for Patent Infringement: WiLAN’s Move Threatens to Stop Japanese Group from Selling LTE Smartphones in Country” Financial Times, November 6, 2016.
• “NPE Assertion Comes to China as WiLAN Subsidiary Files SEP Suit Against Sony in Nanjing” Intellectual Asset Management (IAM), November 4, 2016.
• “The Cheap Phone Is Dead in China” Bloomberg, October 19, 2016.
• “Global Patent Concerns for 2016: 10 Patent Industry Leaders Provide Their Insight” Legal IQ: Global Patent Congress 2016, September 26, 2016.
• “Erich Spangenberg Leads Marathon Patent Group’s ‘Transformational’ Focus On Enforcement in China” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 31-32, August 29, 2016.
• “IP Litigation in China: Foreign Companies Still Face Challenges,” The American Lawyer, August 8, 2016.
• “Stronger Chinese Patent Laws Also Help U.S. Companies: Chinese Courts Are Increasingly Receptive To Patent Suits, Even When They Are Lodged By Foreign Firms,” Wall Street Journal, July 20, 2016. Interviewed for article and provided data.
• “Korea’s Antitrust Watchdog Hints Qualcomm Can Expect Another Near $1B Fine in Patent Probe,” Intellectual Asset Management (Globe Business Media Group), July 18, 2016.
• “NPE Enforcement Thirst In China’s IP Courts May Be More Mirage Than Real Opportunity,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 26, July 11, 2016.
• “Brexit: What Asia Makes of UK’s Vote to Leave EU,” Campaign, July 7, 2016.
• “China’s Innovators Set to Ratchet Up Patent Wars,” Thompson Reuters Breaking News, June 28, 2016. See http://www.ubs.wallst.com/ubs/mkt_story.asp?docKey=1329-L4N19G0OR-1
• “Apple May Be Wise to Settle Infringement Dispute With Chinese Startup Shenzhen Baili To Ease Its Access To The Chinese Market,” The Patent Investor, 24, June 27, 2016.
• “Qualcomm brings enforcement action against China’s Meizu in Beijing Intellectual Property Court,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 24, June 27, 2016.
• “WiLAN, Marathon and Others Closely Watch Apple’s Dispute With Chinese Startup Ahead Of Their Own Suits In China,” The Patent Investor, In-Depth Patent Monetization Coverage, Vol. 24, June 27, 2016.
• “Qualcomm’s Licensing Model Will Be “Destroyed” If It Can’t Win Key China Case, Says Its Ex-Asian Patent Director,” Intellectual Asset Management (Globe Business Media Group), June 27, 2016.
• “Apple Should Settle Patent Dispute In China To Ease Access To Chinese Market”, PatentVue from EnvisionIP, June 27, 2016.
• “Honeymoon Over as Apple Hit with Patent Challenge In China,” Australian Business Review, June 20, 2016.
• “Qualcomm Caught in Patent Wars in China,” New York Post, June 24, 2016.
• “Apple Can’t Sell iPhone In China: Patent Issue” The Siasat Daily, June 18, 2016.
• “Apple Ordered To Stop Selling iPhone 6 in China Following Patent Dispute,” Shanghaiist, June 18, 2016.
• “Apple’s Challenges In China Underlined By Patent Dispute; iPhone Patent Case Adds To Increasingly Tough Environment For Western Companies,” Wall Street Journal, June 17, 2016.
• “View From the Desk of Erick Robinson, China IP Law Expert,” Licensing Economics Review, June 1, 2016.
• “‘Dawn Raid’ Drills May Become De Rigueur as Chinese Authorities Swoop,” Financial Times, November 20, 2015.

Memberships

• Member, Working Committee of the Hon. Alan D. Albright (2018-present)
• Member, Institute of Electrical and Electronics Engineers (IEEE)
• 2007-2011 Technology Law Conference Committee, University of Texas School of Law
• 2006-2007 Co-Chair, American Bar Association Patent Jury Instructions Committee
• 2007-2008 Chair, American Bar Association International Trade Commission/Section 337 Committee
• 2006 Southern District of Texas Patent Rules Committee
• 2006-2010 Eastern District of Texas Bench/Bar Committee

Distinctions

• “Top 50 Best Performing Patent Litigation for 2022,” Patexia
• “Top 10 patent developments of 2019” worldwide for litigation settlement, IAM
• 2021 IAM Strategy Global Leaders
• IAM Strategy 300 – The World’s Leading IP Strategists, 2015-Present
• Access to Justice Award for Outstanding Pro Bono Service, Legal Aid Society of New York
• Super Lawyers “Rising Star” in Intellectual Property Litigation, 2007-2011
• Sigma Xi Scientific Research Honor Society
• Howard Hughes Medical Institute Research Grant

Contact Erick Robinson at 713.212.2638 or erobinson@spencerfane.com.