C. Erik Hawes

Partner

C. Erik Hawes is a partner in Morgan Lewis's Litigation and Intellectual Property Practices. Mr. Hawes focuses his practice primarily in the areas of patent litigation and prelitigation disputes, patent prosecution, and due diligence concerning IP issues in corporate transactions. 

In the field of IP disputes, Mr. Hawes has handled all aspects of patent cases in jurisdictions across the country, from California to New York and from Texas to Minnesota. He has handled numerous patent cases between direct competitors, as well as large, multidefendant suits brought by nonpracticing patent owners. Mr. Hawes has a strong background in patent disputes in a wide variety of industries, including oilfield services, computer technology (both hardware and software), consumer products, retail, and medical devices. He has tried three patent cases and argued seven Markman hearings.

Recent representative litigation matters include:

• Lead counsel for a large group of consumer products and retail defendants in a patent case filed in the Eastern District of Texas concerning distributed computing systems.  Summary judgment of noninfringement was obtained and affirmed by the Federal Circuit Court of Appeals.
• Lead counsel for plaintiff in a competitor case currently pending in the Eastern District of Texas concerning oilfield services equipment.
• Lead counsel for a large retailer of consumer products in a multidefendant patent case currently pending in the Eastern District of Texas concerning data encryption technology.
• Lead counsel for a large information management company in an AAA arbitration concerning various computer software applications.
• Lead counsel for a large retailer of consumer products in two related multidefendant patent cases filed in the Eastern District of Texas concerning eCommerce and website technology.
• Lead counsel for a large food and beverage company in a multidefendant patent case filed in the Eastern District of Texas concerning the processing of roast & ground coffee.
• Trial counsel for plaintiff in a competitor case filed in the Eastern District of Texas concerning electrical connectors.
• Trial counsel for plaintiff in a competitor case filed in the Central District of California concerning pet food products.
• Counsel of record for a large computer manufacturer in three separate multidefendant cases pending in two different districts, all involving wireless communication technology.
• Counsel of record for a large educational institution in a case pending in the Eastern District of Virginia concerning distributed computing systems.
• Counsel of record for defendant in a patent case filed in the Southern District of Texas concerning medical imaging technology. Summary judgment of invalidity was obtained and affirmed by the Federal Circuit Court of Appeals.

In addition to litigation, Mr. Hawes counsels companies concerning the identification and protection of innovation, including patent prosecution and management of patent and trademark portfolios. He also works extensively handling due diligence matters concerning IP issues in corporate M&A transactions. Mr. Hawes has also worked extensively in complex commercial contract matters relating to patents, including the negotiation, interpretation, and application of agreements concerning licensing and indemnity. He also has tried cases involving trademark and copyright infringement.

Mr. Hawes has repeatedly been recognized by Texas Monthly magazine for his work in intellectual property litigation and is listed in Who's Who in America and Who's Who in American Law. He is a member of the American Bar Association's Litigation Section and Intellectual Property Law Section, the American Intellectual Property Law Association, the Federal Circuit Bar Association, the Houston Intellectual Property Law Association, and the Houston Bar Association.

Mr. Hawes is also a frequent author and speaker on patent litigation issues. Recent speeches have covered topics such as the America Invents Act, indirect infringement, divided infringement, inequitable conduct, licensing, business method patents, venue and forum selection, and patent-related damages issues.

Mr. Hawes received his J.D. from the University of Minnesota Law School in 1995, where he was a member of the Order of the Coif and an editor for the Minnesota Journal of Global Trade. Prior to attending law school, he worked at NASA's Johnson Space Center, where he helped to design and test structural components for the Space Shuttle program. Mr. Hawes received his B.S. from the University of Minnesota in 1992.

Mr. Hawes is admitted to practice in Texas, Nevada, and Minnesota and before the U.S. Patent and Trademark Office; the U.S. Court of Appeals for the Federal, Sixth, and Eighth Circuits; the U.S. District Courts for the Eastern and Southern Districts of Texas; the U.S. District Court for the District of Minnesota; and the U.S. District Court for the District of Nevada.