Biography

Erik Olson is a trial lawyer whose practice focuses, albeit not exclusively, on intellectual property matters.

Erik has an exceptionally broad range of experience with respect to the subject of his cases, the forum in which they’re resolved, and the technologies at issue. He has handled cases involving technologies and topics ranging from patents and copyrights to trade secrets and trade dress, as well as disputes over licensing royalties and ownership of intellectual property. He has advocated in numerous different courts and jurisdictions, both in the United States and abroad, including the Eastern District of Texas, a popular venue for patent cases, New York, Switzerland, and elsewhere. He has also represented clients before several arbitration bodies—commercial arbitration involving breaches of development agreements, for example, and international arbitration involving a patent license.

The technologies at issue in Erik’s cases have also been exceptionally diverse: biotechnology, nanocrystals, electrochromic glass, data centers, mattresses, corrugated stainless steel tubing (CSST), WiFi, USB, Android software, and other technologies relating to smartphones and tablet computers. In addition to IP matters, he has also litigated a variety of other forms of disputes, ranging from cases that encompass both employment law and IP to family law matters in which trusts and other entities managed by a client became involved in a community property claim following the dissolution of a marriage.

As an advocate, Erik’s approach is to work with clients to develop a nuanced understanding of both the legal objective in a dispute, and the business goals to which it is connected. With that in place, he uses it to shape his tactics for the various stages of a case, beginning with discovery and motion practice, and carrying through settlement negotiation, summary judgment and, if necessary, a trial or hearing. As he has represented both plaintiffs and defendants, he is also keenly aware of his opposition’s priorities and challenges, which makes him an exceptionally effective tactician. For instance, as a defendant, he strives to put forward an affirmative case rather than just attempting to negate the plaintiff’s claims.

In short, Erik brings to his cases the perspective of a seasoned, experienced and above all, strategic trial lawyer, whose specialty happens to be IP, but whose capabilities have proven effective in many kinds of cases, in many different settings.

Distinctions

  • Managing Intellectual Property IP Stars - Rising Star (2019)
  • Northern California Rising Stars by Super Lawyers in the field of Intellectual Property Litigation (2013-2018)

Memberships and Affiliations

  • Member, Executive Committee, Litigation Section, Bar Association of San Francisco

Firm Highlights

Publication

hiQ’s Groundbreaking Injunction Against LinkedIn Reaffirmed: Scraping of Publicly Available Data Likely Does Not Violate CFAA

The U.S. Court of Appeals for the Ninth Circuit has affirmed its prior decision , holding that LinkedIn could not block hiQ, a scraping entity, from scraping public LinkedIn profiles. The court found it was...

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Publication

No Quarter: What Claims Doesn’t Section 230 of the Communications Decency Act Protect Platform Companies Against?

Depending on what you read or who you talk to, Section 230 of the Communications Decency Act (47 U.S.C. § 230) (CDA) is either a tool of censorship, a shield of Big Tech that...

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Event

Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments (Webinar)

Join Stephanie Skaff and Erik Olson in the discussion on "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has...

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Publication

SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways

Eugene Mar and Erik Olson discuss "SCOTUS Copyright Fair Use Decision: Google vs. Oracle Recap and Takeaways." After more than a decade of litigation that included multiple trials and appeals, the Supreme Court of...

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News

LinkedIn Loses Data Appeal

Erik Olson was quoted in the article "LinkedIn Loses Data Appeal" in CDR Magazine . In the article, Erik said: We are pleased to see that the Ninth Circuit has again affirmed, in light...

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