Erik J. Osterrieder

I am a Senior Attorney at Kearney, McWilliams & Davis, bringing over 25 years of experience in intellectual property to the table. I earned a B.S. in Chemistry, cum laude, from the University of Louisville, pursued graduate studies in nuclear physical chemistry at the University of California, Berkeley, and received my law degree from the University of Dayton.

My clients and resources are located throughout the world because phone, email, and AV-platforms have permitted this flexibility.

My work in intellectual property involves counseling as well as drafting and prosecuting hundreds of domestic and foreign patent, trademark, and copyright applications for clients ranging from individuals to Fortune 100 companies. I also have substantial experience in lodging and defending against European patent oppositions and US trademark oppositions and cancellations before the Trademark Trial and Appeal Board. Furthermore, I have substantial experience in due diligence, reexaminations, reissues, post-issuance procedures, and appeals before both the Patent Trial and Appeal Board and the U.S. Court of Appeals for the Fifth and Federal Circuits.

I have litigated IP matters in all four federal districts in Texas, as well as in federal courts outside of Texas, including, for example, the Fifth Circuirt Court of Appeals and panels on multidistrict litigation. Routinely, I draft and review assignments, licenses, non-disclosure agreements, joint-venture agreements, contracts, and other agreements. I also provide various types of opinion work, including patentability, non-infringement, freedom-to-operate, invalidity, registrability, and fair use.

State Bar of Texas  # 24013276

Member

1999 - Current

Texas

State Bar of Texas

ID Number: 24013276

Since 1999

US Eastern District of Texas

US Northern District of Texas

US Southern District of Texas

US Western District of Texas

United States

ID Number: USPTO Patent Attorney 48,966

Since 2001

5th Circuit

Federal Circuit

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