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Lawyers

Erik Kane

Erik Kane

Work Department

Intellectual Property

Position

Counsel

Career

Erik focuses his practice on litigation, licensing, and counseling in the trademark, copyright, and computer arts spaces. He advises clients on patent, copyright, trademark, trade dress, and trade secret litigation before federal courts, state courts, the International Trade Commission (ITC), and the Trademark Trial and Appeal Board (TTAB). His litigation experience includes a full range of pre-suit diligence, discovery, depositions, motions practice, oral argument, trial, and appellate work, including at the US Supreme Court. He has served as first or second chair in a number of matters.

Erik also prosecutes copyrights and trademarks, as well as software patents, and prepares infringement and invalidity analyses and opinions in the fields of computer science, telecommunications, and Internet-based standards and services.

Erik works closely with clients to draft, structure, and negotiate intellectual property and technology contracts. He handles complex contracts such as joint development agreements, patent and technology license agreements, software and data licensing, SaaS agreements, trademark license agreements, open source software compliance, and IP and technology transfer agreements – often within the context of M&A transactions.

In addition to securing, protecting, and enforcing clients’ rights, Erik routinely counsels clients on other IP related matters including e-commerce, non-fungible tokens (NFT or NFTs), smart contracts, digital certificate technologies, token-based and biometric authentication, ICANN domain name Uniform Dispute Resolution Policy (UDRP) disputes, digital rights management, web services and end user license agreements (EULA), software licensing, compliance with the Children’s Online Privacy Protection Act (COPPA), website privacy policies, Consumer Product Safety Commission compliance, Federal Trade Commission (FTC) compliance, website disclaimers, and Digital Millennium Copyright Act (DMCA) compliance.

Memberships

Admitted to the District of Columbia and Virginia State Bars

Education

JD, The George Washington University Law School, with honors, The Public Contract Law Journal, member, Trial Court Board, 2004 BS, Computer Science, Muhlenberg College, summa cum laude, Dean’s List, Phi Beta Kappa, Phi Sigma Tau, Pi Sigma Alpha, Muhlenberg Scholar, Anthony J. Marino Award in Computer Science, 2001 BA, Political Philosophy, Muhlenberg College, summa cum laude, 2001