Eric Gaum is a trial lawyer who handles primarily patent, trademark, copyright, and related technology litigation. Eric has been the lead trial lawyer in jury and bench trials and successfully arbitrated and/or mediated settlements involving all types of intellectual property disputes. He has also argued appeals in patent and copyright cases before various federal appellate courts. Additionally, Eric counsels clients on protecting, enforcing, and licensing intellectual property rights.
Eric’s background as an electrical and software engineer has helped him to litigate complex patent and copyright disputes involving an array of technologies, including cell phones, personal digital assistants, location-based services, international call blocking, dental x-ray imaging, patient call-back systems, and electronic parts catalogs, among others.
Eric is also active in the firm’s construction law group where he counsels clients on copyrights in technical drawings and architectural works. Eric has litigated copyright disputes over architectural works and drawings, and patent infringement claims related to building technology. He is involved in all aspects of construction law, from non-disclosure agreements to enforcement and/or the defense of copyright, trade dress, trade secret, and patent infringement claims.
Eric has been recognized for his professional accomplishments in such publications as Ohio Super Lawyers, and is AV® Preeminent™ Rated by Martindale-Hubbell, its highest available rating for legal ability and professional ethics.
He formerly served as an extern for The Honorable Judge Peter C. Economus, United States District Court, Northern District of Ohio. Since 2000, Eric has also served as a domain name dispute administrative panelist for the World Intellectual Property Organization.
Representative Cases
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Snap-on Business Solutions, Inc. v. O’Neil & Associates, Inc., Case No. 5:09-CV-01547-JG (N.D. Ohio 2010): Lead counsel for Snap-On in successful jury trial for claims of copyright infringement, breach of contract, violations of the Computer Fraud and Abuse Act, and trespass to chattels, all related to unlawful online database scraping.
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Apollo Metals Ltd. v. Electroplating Technologies, Ltd., Case No. 2:06-CV-05245 (E.D. Pennsylvania 2010): Successfully pursued declaratory judgment action on behalf of Apollo Metals seeking to have 12 U.S. patents related to electroplating methods and processes declared not infringed and/or invalid. Defendant eventually provided covenant not to sue on any of the 12 patents. Currently defending against breach of contract claims in arbitration.
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John R. Gammino v. Davel Communications, Inc., et al., Case No. 2:04-CV-04303-LP (E.D. Pennsylvania 2007): Successfully obtained summary judgment of non-infringement for Davel Communications in a patent dispute related to international call blocking technology.
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Sentry Protection Products, Inc., et al. v. Eagle Manufacturing Company, Case No. 1:01 CV 2240 (N.D. Ohio 2004), Case No. 04-1392; U.S. Court of Appeals for the Federal Circuit (2005): Successfully defended Eagle Manufacturing against motion for preliminary injunction related to patent on column protectors, forced plaintiffs to provide covenant not to sue on one patent and trade dress claims, and obtained summary judgment of non-infringement on two remaining patents. Also invalidated patent claims on summary judgment. Subsequently argued appeal before the U.S. Court of Appeals for the Federal Circuit, which affirmed substantially all of the trial court’s favorable findings.
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Jeffrey A. Grusenmeyer & Associates, Inc. v. Brandstetter Carroll Zofcin Inc., et. al., Case No. 01-CV-0968 (N.D. Ohio 2002):
Successfully obtained favorable settlement for Grusenmeyer & Associates in enforcement of copyrights in technical drawings and architectural work being infringed by a competitor.