Experience

• United States Federal District Court litigation - Eastern District of Virginia, Eastern District of Texas, Western District of Texas, Northern District of Texas, Northern District of California, District of Colorado, Middle District of Florida

• United States Court of Appeals for the Federal Circuit

• Court of Chancery of the State of Delaware

• USPTO Patent Trial and Appeal Board (PTAB) appeals

• USPTO PTAB Inter Partes Review

• USPTO PTAB Post Grant Proceedings

• USPTO Patent prosecution

Education

• J.D., magna cum laude, Franklin Pierce School of Law, University of New Hampshire

• B.S., mechanical engineering, University of Texas

Admissions

• District of Columbia

• Virginia

• U.S. Patent and Trademark Office

• U.S. District Court, Eastern District of Virginia

• U.S. District Court, Eastern District of Texas

• U.S. District Court, Western District of Texas

• U.D. District Court, Colorado

• U.S. Court of Appeals for the Federal Circuit

Biography

Erik Lund is a founding partner of Whitestone Law, PLLC. His experience centers around high stakes  litigation.  Mr. Lund specializes in intellectual property and corporate matters. Mr. Lund has been involved in numerous Federal District Court litigations and trials at the USPTO Patent Trial and Appeal Board (PTAB). Additionally, Mr. Lund has extensive experience in patent prosecution and patent portfolio monetization. Mr. Lund’s engineering experience focuses on software, wireless technology, and robotics.

Mr. Lund graduated with a bachelor’s degree in mechanical engineering and a business certificate from the University of Texas in 2014. He graduated magna cum laude from Franklin Pierce School of Law, University of New Hampshire in 2020 where he served as Managing Editor for the University of New Hampshire Law Review. Mr. Lund was a part of his school’s intellectual property clinic where he helped clients obtain copyright and trademark protection.

Mr. Lund is admitted to practice law in the District of Columbia and Virginia, and before the Eastern District Court of Virginia, Eastern District Court of Texas, Western District Court of Texas, District Court of Colorado, the United States Court of Appeals for the Federal Circuit, and the U.S. Patent and Trademark Office.

Representations

Representative Patent Cases

• Represented patent owner in multiple patent infringement lawsuits relating to super-cooled plant extraction. Won all disputed terms in client’s favor at claim construction resulting in favorable settlement of both lawsuits.

• Obtained judgment for patent owner against large consumer products company in patent infringement lawsuit.

• Obtained multiple successful settlements on behalf of patent owner in patent infringement lawsuits against medical device manufacturers.

• Obtained permanent injunction and default judgment against numerous overseas defendants in patent infringement lawsuit involving sale of consumer products on various e-commerce platforms.

Representative Corporate Cases

• Successfully defeated plaintiff’s motion for judgment on the pleadings in lawsuit involving breach of contract. Matter settled.

• Represented plaintiff in breach of contract action that caused defendant to file bankruptcy. Obtained successful settlement for client.

Representative Appellate Cases

• Argued appellant’s appeal of three PTAB decisions regarding 103 obviousness involving secure transaction software.

• Argued for appellant in appeal of District Court decision on 101 patentable subject matter

Representative USPTO Matters

• Argued on behalf of patent owner in IPR proceeding involving message distribution system

• Represented numerous patent owners in ex parts reexamination, inter partes review, and post grant review.