Eric W. Cernyar, Colorado Springs, CO

Practice Areas

Patent Matters
Trademark Matters
Copyright Matters
IP Agreements
Employee IP Issues
Trade Secrets
Unfair Competition
Patent Litigation
Other Litigation
Internet Law





Patent Litigation Experience

»   Fast track litigation in the Eastern District of Texas.
»   Prepare infringement contentions
»   Prepare invalidity contentions
»   Prepare preliminary & final claim construction positions
»   Draft Markman (claim construction) briefs
»   Make oral arguments at Markman hearings
»   Engage and respond to pre-trial discovery
»   Take and defend depositions
»   Work with expert witnesses
»   Prepare and respond to summary judgment motions
»   Brief and argue appeals at the Federal Circuit Court of Appeals

I have extensive experience in all aspects of patent infringement litigation during the pretrial stages, from the earliest stages all the way through the eve of trial. I also have considerable experience drafting summary judgment, appellate, and Markman (claim construction) briefs in patent lawsuits and in arguing their merits in court hearings. Well over 95% of patent infringement lawsuits are resolved before trial, either on summary judgment or by settlement or dismissal, often shortly after the court’s claim construction ruling.

I can represent clients either singly, or – as I have frequently done in the past – as part of a team that includes an experienced courtroom litigator. Patent infringement lawsuits are massive undertakings, and in larger cases it is advisable to have two or three attorneys working simultaneously on the matter.

Representative cases:

Wasinger v. Levi Strauss Co., 106 Fed. Appx. 34 (Fed. Cir. June 8, 2004) (retained by plaintiff Wasinger after he lost summary judgment of non-infringement; I successfully briefed and orally argued case to the Federal Circuit, which reversed and remanded; the case was favorably settled after remand).

E-Watch v. March Networks, Civ. Action No. 9:06-cv-00025-RHC (E.D. Tex. 2006) (no published opinion) (retained by plaintiff E-Watch to guide team of lawyers through pre-trial process, including preliminary infringement contentions, claim construction and summary judgment briefs, Markman hearing, discovery requests, and depositions; case settled favorably shortly after Markman ruling).


Licensed by the Supreme Court of Colorado and the Supreme Court of Texas..
Admitted to practice in the Federal District Courts of Colorado, the Western, Eastern, and Southern Districts of Texas,
the Fifth and Federal Circuit Courts of Appeals, and the United States Supreme Court.
Also registered to practice before the United States Patent and Trademark Office

This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice
or communications forming a lawyer-client relationship.

Website designed and approved by Eric W. Cernyar
© 2007 Eric W. Cernyar.