1701 Market St.\\Philadelphia, PA 19103-2921\\United States
Eric Kraeutler has decades of experience representing clients in complex, high-stakes litigation—including trials, arbitrations, appeals, and government investigations. As a member of the firm’s litigation practice and the global leader of the firm’s intellectual property practice, Eric has achieved distinction across a broad range of matters. He is a fellow of the American College of Trial Lawyers and is listed in Chambers USA: America’s Leading Lawyers for Business (2013–20) and Best Lawyers in America (2008–19). Chambers USA has described Eric as "very smooth in court," "a very good manager of complex matters," “a good strategic thinker,” and “absolutely magic.” Eric is a former Assistant US Attorney for the Eastern District of Pennsylvania and a former Special Deputy Pennsylvania Attorney General.
Eric represents clients in a range of industries, including healthcare, technology, life sciences, and energy. Eric has litigated and tried patent infringement, licensing dispute, trademark, copyright, and trade secret matters, as well as a variety of commercial disputes. He has similarly broad experience representing clients in government investigations, with a particular emphasis on Foreign Corrupt Practices Act and environmental crimes. Eric regularly counsels companies on corporate compliance and crisis and risk management issues.
As the leader of the firm’s intellectual property practice, Eric is responsible for more than 200 lawyers and other professionals across our global offices. He previously served as leader of the firm’s Philadelphia litigation practice. In 2019, Morgan Lewis was named IP Litigation Practice of the Year by The American Lawyer and IP Practice Group of the Year by Law360.
In addition to his practice group responsibilities, Eric is in his fourth term as a member of the firm's Advisory Board and has served as Lead Advisory Board Member. For many years, Eric served as Morgan Lewis's firmwide hiring partner, and he was a founding member of the firm's Diversity Committee.
Within the community, Eric serves as Vice Chair of the political watchdog group the Committee of Seventy. He also serves on the board of the InterAct Theater Company and served for many years as a national board member and secretary of Back on My Feet, an organization that promotes the self-sufficiency of homeless populations through running. As the former Chair of the Greater Delaware Valley Chapter of the National Multiple Sclerosis (MS) Society, Eric earned the highest honor the society bestows on volunteers for service to persons with MS and their families.
In the 1990s, as a Special Deputy Attorney General, Eric oversaw the indictment of Pennsylvania Supreme Court Justice Rolf Larsen, and testified before the Pennsylvania Senate at the historic impeachment trial of Justice Larsen.
Intellectual Property/Licensing Litigation
Defended a global manufacturer of consumer electronics products in a patent infringement litigation involving smart TVs, and obtained a dismissal of all claims on the ground of indefiniteness under 35 U.S.C. § 112.
Represented a global manufacturer of semiconductor manufacturing equipment in an international arbitration arising out of a licensing dispute with a competitor.
Represented a global agricultural chemicals company in an international arbitration arising out of a licensing dispute with a competitor.
Represented a global agricultural chemicals company in an international arbitration arising out of alleged breaches of a collaboration agreement.
Defended a global pharmaceutical company in an action in the Eastern District of Pennsylvania brought by the licensor of a pharmaceutical product, alleging that client had failed to exercise reasonable efforts to promote the licensed product.
Represented a major university in connection with multiple federal court litigations concerning intellectual property disputes arising out of cancer research programs.
Represented a major university in connection with licensing disputes regarding advanced cell biology technologies.
Defended a provider of network performance management products in an October 2017 jury trial in the Eastern District of Texas regarding alleged infringement of network monitoring patents.
Obtained a defense verdict on behalf of a major consumer healthcare business in a June 2011 bench trial in the Southern District of New York regarding alleged false marking of products with expired patent numbers.
Represented a manufacturer of fire protection products and its predecessor companies in numerous actions in the Eastern District of Pennsylvania and the Southern District of New York in connection with their enforcement of patent portfolios covering innovative fire protection technologies.
Defended an online retailer in the Western District of Pennsylvania against allegations that it had infringed patents relating to the sale of digital content via telecommunication lines.
Defended an online retailer in the District of Minnesota against allegations of trademark infringement.
Obtained summary judgment in the Northern District of Indiana on behalf of a valve manufacturer in connection with allegations that it infringed a patent covering a method of assembling butterfly valves, and successfully defended the district court’s judgment before the US Court of Appeals for the Federal Circuit.
Obtained a voluntary dismissal and covenant not to sue in the Middle District of Florida on behalf of a medical device manufacturer in a patent infringement case brought by a competitor.
Represented a marketing solutions business in the Eastern District of Pennsylvania in a patent infringement case involving consumer profiling and targeted marketing systems.
Represented a manufacturer of lighting systems in a case in the Eastern District of Pennsylvania involving alleged infringement of patents covering lighting control panel technologies.
Represented an LED lighting company in the Southern District of New York against allegations that it had infringed semiconductor patents.
Recovered millions of dollars on behalf of a global technology company in an international arbitration and federal court litigation in the Northern District of California concerning unpaid royalties owed by a Japanese software manufacturer.
Defended a medical device manufacturer in a jury trial in the District of New Jersey against allegations that it infringed a patent covering an articulation element used in external bone fixation systems.
Defended a medical device manufacturer in the Eastern District of Pennsylvania in connection with allegations that a competitor infringed a patent covering a bone fixation device.
Obtained summary judgment in the Eastern District of Pennsylvania on behalf of the assignee of patent rights relating to a scuba diving computer technology in a lawsuit brought by the inventor of the technology seeking additional compensation.
FCPA, Anti-Bribery, and Other International Investigations
Obtained declination from the DOJ and SEC on behalf of a Fortune 50 technology company in connection with a self-disclosure and investigation regarding alleged FCPA violations involving Korea and China.
Obtained declination on behalf of an international gas products company in connection with a federal grand jury investigation arising out of alleged unlawful travel and business activity involving Cuba.
Represented an international medical device company in connection with a DOJ investigation regarding marketing and sales practices in Latin America.
Successfully resolved investigation regarding alleged unlawful travel and business activity involving Cuba and Venezuela, on behalf of an international medical device company.
Represented a non-US company in connection with allegations of public official bribery in connection with the development of a casino resort in Asia.
Represented a Fortune 50 technology company in connection with a World Bank investigation regarding alleged bribery in the award of a major contract with the government of Vietnam.
Represented a manufacturer of photographic equipment in connection with an investigation regarding alleged illegal exports of military articles to South Africa.
Conducted internal investigations and provided compliance advice to an international technology company in connection with alleged FCPA violations involving China and Latin America.
Conducted internal investigations and provided compliance advice to an international medical device company in connection with alleged FCPA violations and related issues involving Switzerland, Turkey, Greece, Russia, and Eastern Europe.
Other White Collar Litigation and Government Investigations Defense
Represented a major oil and gas company in connection with state and federal criminal investigations and prosecutions arising out of an East Coast refinery explosion.
Represented a national pipeline company in connection with a federal environmental crimes investigation and prosecution, and related regulatory proceedings, arising out of a pipe break and release of product into a major river.
Represented numerous corporations and individuals in connection with federal and state criminal environmental investigations, and related civil litigation.
Obtained jury trial acquittal in the District of New Jersey on behalf of a Federal Aviation Administration (FAA) official indicted for allegedly participating in a fraudulent scheme to pay FAA contractors for work that had not been performed.
Obtained Presidential Pardons on behalf of two senior corporate officers following their convictions for making illegal payments to a labor organization official.
Defended a Philadelphia area pharmacist indicted in the Eastern District of Pennsylvania for allegedly knowingly filling fraudulent prescriptions.
Obtained a reversal of conviction in the Ninth Circuit Court of Appeals on behalf of an insurance company owner convicted of mail and wire fraud.
Represented a high profile Pennsylvania legislator in connection with the Office of Attorney’s “Bonusgate” investigation into alleged corrupt use of public funds and personnel for political purposes.
Represented the Chief Financial Officer of a software manufacturer in the Eastern District of Pennsylvania in connection with alleged fraudulent revenue recognition scheme.
Has represented numerous senior corporate officers and employees in multiple investigations involving allegations of health care fraud, securities fraud, criminal antitrust violations, public corruption, and environmental crimes.
Defended a major Pennsylvania real estate developer in connection with multiple class actions and individual actions brought in the Middle District of Pennsylvania, arising out of public corruption allegations involving the Luzerne County Juvenile Court.
Obtained summary judgment on behalf of a healthcare insurer in litigation brought by a non-participating specialty laboratory company, alleging tortious interference with contractual relations with referring healthcare providers.
Represented a pharmaceutical company in an action in the Eastern District of Pennsylvania brought by the licensor of a pharmaceutical product, alleging that client had failed to exercise reasonable efforts to promote the licensed product.
Represented a healthcare insurer in a wide-ranging market conduct investigation conducted by the Pennsylvania Insurance Department.
Represented a healthcare insurer in connection with a lawsuit regarding pricing brought by an employee benefit trust fund covering all Pennsylvania state employees.
Obtained summary judgment on behalf of a healthcare insurer in connection with a lawsuit brought in the Eastern District of Pennsylvania by a health care auditor, challenging the client’s policy against cooperating with contingent fee auditors, and successfully defended the district court’s judgment before the US Court of Appeals for the Third Circuit.
Obtained summary judgment on behalf of a healthcare insurer in connection with multiple RICO lawsuits in the Eastern District of Pennsylvania alleging various forms of misconduct in the processing of claims, and successfully defended the district court’s judgments before the US Court of Appeals for the Third Circuit.
Obtained dismissal on behalf of a healthcare insurer of a class action lawsuit in the Eastern District of Pennsylvania challenging reimbursement rates for health care claims.
Represented a major oil and gas company in connection with a Midwest pipe break, analyzing potential litigation and regulatory consequences.
Represented a major oil and gas company in connection with a New Jersey Attorney General’s Office investigation regarding pricing of gasoline.
Represented an international chemical company in connection with allegations brought by its former General Counsel of criminal activities and other alleged wrongdoing.
Represented a major chemical company in an action in the Western District of Pennsylvania in connection with a commercial dispute with an industrial purchaser regarding pricing.
Represented a major oil and gas company in connection with various East Coast litigation matters.
Awards and Affiliations
Ranked, Litigation: General Commercial, Pennsylvania: Philadelphia & Surrounds, Chambers USA (2013–2020)
Ranked, Litigation: White-Collar Crime & Government Investigations, Pennsylvania, Chambers USA (2017–2019)
Recommended, Intellectual property: Trademarks: non-contentious (including prosecution, portfolio management and licensing), The Legal 500 US (2018)
Recognized, Criminal Defense: White-Collar, Philadelphia; Litigation – Intellectual Property, Philadelphia, The Best Lawyers in America (2008–2019)
Recognized, IP Patent Star and IP Trademark Star – Pennsylvania, Managing Intellectual Property (2018, 2019)
Recognized, "Best of the Bar," Philadelphia Business Journal (2017)
Life Sciences Star, Intellectual Property, LMG Life Sciences (2017, 2018)
Recognized, Acritas Star Lawyer (2017)
Recommended, US Legal 500 Volume 2: Intellectual Property, Media, Technology and Telecoms (2007 & 2008)
Recognized, IAM Patent 1000—The World’s Leading Patent Professionals (2017, 2018)
Fellow, American College of Trial Lawyers
Former Chairman, National Multiple Sclerosis Society, Greater Delaware Valley Chapter
Board Member, Committee of 70 (the Philadelphia region’s preeminent political watchdog organization)
Emeritus Trustee, Princeton Tower Club
Awarded the Norman Cohn Hope Award by the National Multiple Sclerosis Society (the highest honor given to volunteers by the Society for service on behalf of persons with multiple sclerosis and their families)