An experienced trial lawyer, Eric Rusnak focuses his practice on intellectual property and complex commercial litigation, including Section 337 ITC litigation.  

Eric has tried more than a dozen cases before juries and judges in U.S. courts and in the International Trade Commission. He routinely advises clients on patent, trade secret, copyright, false advertising, and other complex corporate matters in key jurisdictions, including the Eastern District of Virginia, the District of Delaware, the Northern and Southern Districts of California, and the Eastern District of Texas. Eric has litigated more than twenty investigations in the International Trade Commission.

Representative Experience

  • Successful defense of respondent, AVer Information, in ITC litigation matter involving document cameras, which resulted in withdrawal of the complaint on the eve of trial. (Certain Document Cameras and Software for Use Therewith, Inv. No. 337-TA-1045)
  • Secured trial victory for respondent, Airwheel, in ITC litigation matter involving personal transporters; the ALJ’s decision was affirmed by the Commission.  (Certain Personal Transporters and Components Thereof, Inv. No. 337-TA-1021)
  • Obtained favorable resolution for Honeywell in patent infringement litigation involving hospital barcode scanners.  Honeywell v. The Code Corporation (D.S.C.; D. Utah)

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  • Secured withdrawal of all claims against Barco prior to the commencement of discovery in a patent infringement case involving modular LED display panels. Ultravision v. Barco (ITC and E.D. Tex.)
  • Obtained complete dismissal for Honeywell of patent infringement claims involving workplace safety goggles. Khulusi v. Honeywell International (W.D. Mo.; D. Del.)
  • Defended Verizon Wireless in patent litigation involving cellular network optimization.  Traxcell Technologies v. Verizon Wireless Personal Communications (E.D. Tex.)
  • Successful representation of Sharp in a patent infringement case involving Wi-Fi enabled televisions. Sharp Corporation v. Hisense (ITC)
  • Secured favorable resolution for Family Dollar Stores in a copyright infringement matter.  Benson Mills v. Family Dollar Stores (E.D. NY)
  • Secured favorable resolution for HP Enterprise in patent infringement case involving data processing in a server environment.  Secure Axcess v. HP Enterprise (E.D. Tex.)
  • Secured favorable resolution for Par Pharmaceuticals in false advertising ITC case. Par Pharmaceuticals v. Virtus (ITC)
  • Successful defense of Dell in a patent infringement action involving Power Over Ethernet technology. Network-1 v. Dell (E.D. Tex.)
  • Obtained summary judgment of no infringement and invalidity (and an award of attorney’s fees) in litigation involving WiFi technology.  Linex Technologies v. Aruba Networks, Meru Networks, and Ruckus Wireless (ITC; N.D. Cal.)
  • Secured defense verdict for Acer, Amazon.com, and Novatel Wireless in litigation involving on-chip CPU clocks.  TPL v. Acer, Amazon.com, and Novatel Wireless (ITC)
  • Obtained defense verdict for Acer in litigation involving Flash Memory Card Readers.  TPL v. Acer (ITC)
  • Successful defense of Aruba Networks resulting in Linex dismissing its complaint on eve of trial. Linex Technologies v. Aruba Networks (ITC)
  •  Secured favorable settlement during jury selection in case involving Wideband OFDM.  WiLAN v.  Novatel Wireless (E.D. Tex.) 
  • Secured favorable result on the eve of trial for TekGar in litigation involving biofuel technology license.  SBS Biofuels v. TekGar (E.D. Va. and Del. Chancery)
  • Defense verdict for Wistron in litigation involving TV tuners. Cresta Technology v. Wistron Corp. (ITC)
  • Secured favorable result on the eve of a summary judgment ruling in litigation involving cellular network base stations.  EON v. Novatel Wireless (E.D. Tex.)
  • Successful defense of Novatel Wireless against Omega Patents in litigation involving vehicle tracking systems.  Omega Patents v. Novatel Wireless (S.D. Fla.)
  • Jury defense verdict for Novatel in case against Acacia regarding wireless network card technology.  DNT, LLC v. Novatel Wireless, Inc. (E.D. Va.)
  • Represented Novatel Wireless in patent infringement actions involving mobile hotspot technologies.  Novatel Wireless v. ZTE and Franklin Wireless (S.D. Cal)
  • Defense verdict for Kodak in infringement action involving digital imaging devices; later upheld on appeal.  Apple v. Kodak (ITC)
  • Secured favorable result for Wistron in litigation involving laptop touchpad and password protection technologies.  Toshiba v. Wistron Corp. (ITC)
  • Represent heirs of original Archie Comics artist in breach of contract action against world’s largest comic book distributor.  Montana v. Diamond Int’l Galleries, LLC (D. Md.)
  • Reached favorable resolution for CFO in class action and SEC proceedings regarding accounting practices.  In re The Mills Corp. Securities Litig. (E.D. Va.)
  • Secured favorable result for Convera on theft of trade secret claims.  Convera Corp. v.  Autonomy PLC (E. D. Va.)

Professional Highlights

  • Board Director, Wittenberg University
  • Member, ITCTLA

Education

  • J.D., The Ohio State University Moritz College of Law, 2003
    With honors; Symposium Editor, Ohio State University Law Journal

    B.A., Wittenberg University, 2000
    (University honors; magna cum laude)

Admissions

  • District of Columbia

    Ohio

    Virginia

Courts

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

    U.S. Court of Appeals for the Fourth Circuit

    U.S. District Court for the District of Columbia

    U.S. District Court for the District of Maryland

    U.S. District Court for the Eastern District of Texas

    U.S. District Court for the Eastern District of Virginia

    U.S. Bankruptcy Court for the Eastern District of Virginia