Eric E. Van Loon, Esq.

Representative Matters

• Arbitration. Panelist in energy company's $20-million claim against developer/installer of integrated ERP software system. Chaired U.S. Copyright Office Panel which set first artist/record company royalty rates for Internet-streamed music. 30+ parties (webcasters, broadcasters, performers, record companies); 60+ witnesses; 41 hearing days; 135-page decision.
• Copyright, Trademark, Royalty: Resolved dispute between film company, the "star" of certain films, and second film company concerning copyright, trademark, and royalty rights. Issues included distribution rights, derivative works, willfulness of infringement, mark ownership, sequel titles, statutory and other measures of damages.
• Health Care Device. Settled intense litigation between manufacturers of competing health care devices alleging 30+ patent infringements, breach of confidentiality, employment termination conditions, and patent application fraud. Issues included technical innovations, design cosmetics, and relationships with specialized suppliers.
• Information Technology. Settled dispute between large multi-national corporation and information technology firm regarding licensing of specialized software, services, and materials. Issues included design specifications, data quality, and operation speed.
• Internet-Based Software System. Resolved dispute between software development/investment capital firm and entrepreneurial start-up over quality, completeness, and timeliness of prototype development of internet-based software system. Early mediation before extensive discovery addressed patent ownership/equity stake versus payment for services.
• Marketing Device. Settled patent holder/patent manufacturer infringement dispute re manufacturer development/sales of similar designs. Issues included international assignments in multiple nations, expert testimony on standard for infringement, payment for past services.
• Medical Institution Software Systems. Resolved dispute between large, nationwide software creator/installer and large multi-unit medical institution re performance under multi-year $28 million contract. Issues included multiple systems installation/implementation, system interface/integration, outsourcing IS function, and substantial performance versus material breach.
• Proprietary Risk Allocation Protocol. Settled dispute between partners in multi-state firm re proprietary system for risk allocation. Issues included applicability in different jurisdictions, revenues attributable to the system, ownership of various iterations, fixed payment v. royalties.
• Retail Product. Settled inventor/patent-holder federal court jury trial infringement suit against supplier/wholesaler. Issues included multiple "means" patent format, willfulness proof (including opinion letter validity), patent invalidation, "industry standard" royalties, indemnification.
• Software. Eight-figure settlement of software developer claim against acquiring company.
• Trademark. Multi-million dollar dispute between high-profile e-commerce start up and established retailer over similar name. Issues included nature of the mark, sparse/crowded field, national/regional presence, state/federal registration, domain name v. e-address, channel of trade ("bricks and mortar" v. e-commerce), "initial interest confusion," measures of damages.