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

Importance of Monetizing Intellectual Property Assets of a Portfolio Company

In this Upside episode, we explore developing and monetizing intellectual property assets of a portfolio company. How does a new company go about developing a patent portfolio? And why spend the time and effort...

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News

Justices Don't Appear Ready To Overturn Social Media Liability Law

Erik Olson, an intellectual property partner and co-chair of Farella's Platforms Group, spoke to the Daily Journal for the article "Justices Don't Appear Ready To Overturn Social Media Liability Law."  The article covered the U.S...

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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

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

Erik Olson and Stephanie Skaff discuss "Platform Ecosystems: Computer Fraud and Abuse Act and Other Scraping Law Developments." Web scraping has existed as long as the World Wide Web has, and as data has...

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Publication

One Pending Supreme Court Case Could Change the Internet as We Know It: Gonzalez v. Google and Tech Platforms’ Liability

The Supreme Court granted certiorari in Gonzalez v. Google , a high-stakes case appealed from the Ninth Circuit about the scope of protection Section 230 of the Communications Decency Act affords technology companies against...

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Publication

Highlights from 2022 Unified Patents Corporate IP Strategy Conference

Recently, several Farella lawyers attended the 2022 Corporate IP Strategy Conference, co-hosted by the Santa Clara University High Tech Law Journal and Unified Patents. Eugene Mar, Erik Olson, Dan Callaway, and Tom Pardini enjoyed...

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News

Section 230's Broad Liability Shield Seen as Living on Borrowed Time

Erik Olson spoke to Communications Litigation Today for the article, "Section 230's Broad Liability Shield Seen as Living on Borrowed Time," discussing the implications of the coming SCOTUS decision in Gonzalez .  In the...

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