- J.D., Brigham Young University, J. Reuben Clark Law School, 2013, cum laude; Senior Editor, Brigham Young University Law Review
- B.S., Electrical Engineering, University of California, Santa Barbara, 2007
- U.S. Patent and Trademark Office
Eric Gill is an associate in the Intellectual Property (IP) Practice Group in the firm's San Diego (Del Mar) office.
Areas of Practice
Mr. Gill enjoys a dynamic IP practice that encompasses patent, IP, and other litigation; post-grant proceedings before the Patent Trial and Appeal Board; strategic IP portfolio development and counseling, including with respect to patent preparation and prosecution; technology licensing; and transactional matters. He draws heavily on his industry experience and education in electrical engineering to solve complex problems spanning diverse legal, technical, and business disciplines.
Mr. Gill’s IP practice emphasizes patent infringement and FRAND/standard-essential-patent litigation. He also litigates trademark, trade secret, copyright, unfair competition, and contract cases. His experience includes pre-filing investigation, motion practice and fact/expert discovery, infringement and invalidity contentions, claim construction, trial preparation and trial, post-trial motions, and settlement negotiation. He has litigated patents involving such technologies as the 2G (GSM/GPRS/EDGE), 3G (WCDMA), and 4G (LTE) wireless standards; CDMA; speech coding; TDD; multimedia broadcast multicast service; adaptive modulation; MIMO; receiver architecture and circuitry; GPS and location services; control programs for wireless devices; and online exchanges.
In addition, Mr. Gill is a registered patent attorney. He represents clients in post-grant proceedings before the PTAB, including Inter Partes Reviews, and he drafts and prosecutes patent applications in a variety of high-tech fields. In this regard, he deals in such technologies as telecommunications and wireless, analog and RF circuits and systems, Bluetooth, semiconductors, MEMs, communication networks, big data and analytics, data security and encryption, social media, computing, magnetic recording media, mechanical and medical devices, and payment networks. He also provides strategic counseling, due diligence, and analysis, in connection with corporate transactions and acquisitions, technology licensing, patentability, freedom-to-operate, and patent portfolio landscaping.
While a law student, Mr. Gill drafted and prosecuted patent applications for a Fortune 50 high-tech client when he worked at a patent boutique. He also landscaped patent portfolios in the telecom RF/analog space when he worked in the IP strategy group of one of the world’s leading semiconductor and wireless-technology companies.
Before becoming a lawyer, Mr. Gill was a microwave and radio-frequency design engineer at Northrop Grumman, where he designed microwave integrated circuits and systems for aircraft and satellite communications and for counter-improvised-explosive-device-warfare technologies. Before that, he was a radio-frequency integrated-circuit design engineer at NextWave Wireless, a San Diego semiconductor company that developed chip-sets and wireless technology for WiMAX and 4G LTE.
- Recent clients include Dexcom, Disney, JayBird, MasterCard, and Western Digital.
- Evolved Wireless, LLC v. HTC Corp. et al. (D Del). Represents HTC in a five-patent infringement lawsuit relating to standard essential patents alleged to cover the 4G LTE standard. HTC counter-claimed for breach of contract, alleging that Evolved Wireless has failed to license its patents on FRAND terms.
- Hitachi Maxell, Ltd. v. ZTE Corp. et al. (ED Tex). Represents ZTE in an eight-patent infringement lawsuit relating to patents alleged to cover aspects of cellular phone technology such as power management circuitry, image sensors and graphics processors, transmit power control circuitry, and multi-format, multiplexed audio/video decoding receiver circuitry.
- TCL Communication Technology Holdings, Ltd. et al. v. Telefonaktiebolaget LM Ericsson et al., No. 8:14-cv-341 (CD Cal). Represents TCL in breach-of-contract and declaratory-judgment action relating to FRAND and the IPR policies of ETSI and 3GPP for 2G GSM/GPRS/EDGE, 3G UMTS, and 4G LTE technology.
- Ericsson Inc. et al. v. TCL Communication Technology Holdings, Ltd. et al., No. 2:15-cv-11 (ED Tex). Represents TCL in a five-patent infringement action relating to patents Ericsson alleges cover aspects of cellular phone hardware and the Android OS, including multimode direct conversion receiver circuitry. TCL counter-sued on two patents relating to LTE cellular network infrastructure and base stations. TCL obtained a stay of the trial after it filed 17 IPRs against Ericsson’s asserted patents and the PTAB instituted all 17.
- Ericsson Inc. et al. v. TCL Communication Technology Holdings, Ltd. et al., No. 2:14-cv-667 (ED Tex). Represented TCL in a two-patent infringement action relating to speech coding and modulation patents Ericsson alleges cover the 2G, 3G, and 4G standards. TCL counter-sued on two patents related to LTE cellular networks and communications. TCL got the case transferred to CD Cal, consolidated with the FRAND case, and stayed pending the outcome of that case.
- Prestige Flag Mfg. Co., Inc. v. Par Aide Products Co., No. 14-cv-2711 (SD Cal). Represented Prestige in an action for design patent and trade dress infringement, and state and federal unfair competition.
- Prestige Flag Mfg. Co., Inc. v. Standard Golf Co. et al., No. 14-cv-1574 (SD Cal). Represented Prestige in an action for design patent infringement.
- Abdou v. Alphatec Spine, Inc., No. 3:12-cv-1804 (SD Cal). Represented Alphatec Spine in a patent infringement action.
- LendingTree, LLC v. Zillow, Inc. et al., No. 3:10-cv-439 (WD NC). Represented LendingTree in an antitrust and patent infringement action.
Inter Partes Review
- Prime Focus Creative Servs. Can. Inc. v. Legend3D, Inc., No. IPR2016-01243. Represents Patent Owner Legend3D in opposing a challenge to a Legend3D patent related to image processing.
- TCL Corporation et al. v. Telefonaktiebolaget LM Ericsson, Nos. IPR2015-1584, IPR2015-1600. Represents Petitioner TCL in challenging an Ericsson patent directed to multimode direct conversion receiver circuitry. The PTAB invalidated all the challenged claims on multiple grounds.
- Represented petitioners and patent owners in IPR proceedings regarding patents related to chemical compounds for pharmaceutical and industrial/commercial applications
IP and Other Litigation:
- Prestige Flag Mfg. Co., Inc. v. Golf Solutions I, LLC et al., No. 3:14-cv-2945 (SD Cal). Represented Prestige in an action for breach of contract.
- Golf Solutions I, LLC v. Prestige Flag Mfg. Co., Inc. et al., No. 14-cv-869 (WD Wis). Represented Prestige in an action for breach of contract.
- Konstantino v. AngioScore, Inc., No. 9681-CB (Del Ch). Represented AngioScore in an action for advancement of legal fees related to AngioScore's claims for patent infringement, breach of fiduciary duty, and unfair competition.
- RamSoft, Inc. v. Imaging Advantage, LLC et al., No. 14-cv-335 (CD Cal). Represented RamSoft in an action for breach of contract, copyright infringement, copyright management information removal/alteration, trade secret misappropriation, and intentional interference with contract.
- Cobra Systems, Inc. v. Accuform Manufacturing, Inc., No. 13-cv-5932 (CD Cal). Represented Cobra in an action for copyright infringement, copyright management information removal/alteration, trademark infringement, state and federal unfair competition, and breach of contract.
- Provided strategic counseling regarding the scope and validity of patents related to thin-film transistor and pixel display circuit technologies for LED TVs.
- "Establishing the Weight of Evidence After Sciele,"Law 360, August 13, 2012
Intellectual Property Law Blog Post