Erin C. Kolter
Erin’s practice focuses on patent and trademark litigation as well as breach of contract actions involving intellectual property rights. She represents a wide range of clients through all phases of IP litigation, including cases in federal district court, arbitration proceedings, matters before the Patent Trial and Appeal Board (PTAB), and appeals to the U.S. Court of Appeals for the Federal Circuit.
Erin has experience handling patent issues relating to medical devices, including insulin pump technology, spinal implants and instrumentation, and biomaterials used in artificial joint components; high performance turbocharging; and foam blowing agents, among other technologies. She has experience in all phases of litigation, from pre-litigation analyses through trial and post-trial briefing. Erin has represented plaintiffs and defendants in venues around the country, including in California, Delaware, and Colorado.
Education & Admissions
University of California, Los Angeles (UCLA), School of Law (2008)
University of Michigan (B.S.E., Mechanical Engineering, 2005), magna cum laude
- U.S. District Courts for the Central, Northern, and Southern Districts of California
- U.S. District Court for the District of Colorado
- U.S. District Court for the Western District of Washington
- U.S. Court of Appeals for the Second Circuit
- Currently defending national grocery chain in a class action lawsuit alleging false and misleading claims related to the marketing and distribution of Kona coffee products.
- Represented Franklin Covey Co. against claims of alleged trade dress and trademark infringement. Successfully obtained Rule 12(b)(6) dismissal with prejudice of Plaintiff’ trade dress claims related to its books and conference materials.
- Represented Abercrombie & Fitch in trademark and copyright infringement litigation involving the iconic and famous A&F moose logo and design. Case settled at mediation.
- Represented a research hospital in a patent infringement and breach of patent licensing action involving biomaterials for artificial joint components in the Northern District of Indiana and in multiple inter partes reviews challenging the patents-in-suit. The Board denied the inter partes review petitions and declined to institute review of the hospital's patents.
- Represented a large medical device company in multiple patent infringement actions involving insulin pump technology in the Central District of California.
- Represented a large medical device company in a breach of contract dispute regarding spinal technology brought by a surgeon in the District of Colorado.
- Represented manufacturers of vehicle accessories, and a customer of the manufacturers in a related action, in patent infringement actions involving truck accessories in the Western District of Wisconsin and the Central District of California.
- Defended a large chemical and specialty materials company in a patent infringement action involving an improved method for making a hydrofluorocarbon for foam blowing agents in the District of Delaware. At trial the jury found the asserted patent invalid, and the Federal Circuit affirmed on appeal.
- Represented a large turbocharger manufacturer in a patent infringement action in the Western District of North Carolina.
- Represented a medical device inventor in a district court appeal of an interference proceeding (35 U.S.C. Section 146) in the District Court for the District of Columbia. After a bench trial, the District Court ruled in favor of the inventor, and the Federal Circuit affirmed the decision on appeal.
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- Healthcare & Life Sciences
- Intellectual Property
- Intellectual Property Litigation
- Trademark & Copyright