Erin Elizabeth McCracken

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Erin Elizabeth McCracken — Patent Litigation Practice Summary

Focus areas. McCracken's patent work centers on networking, wireless, and software technologies. Her representative matter list (submitted in PTAB pro hac vice filings) includes router/micro-flow network architecture (Sable Networks' suits against Cloudflare and Splunk), wireless networking (Castlemorton Wireless v. Ubiquiti; the current Velocity Communication Technologies campaign), mobile web-browsing software (SoftView v. Apple, HTC, and LG Electronics), video-game software (Konami Digital Entertainment v. Harmonix Music Systems), and diagnostics/life sciences (INOVA Diagnostics v. Euro-Diagnostics). Her current portfolio is heavily concentrated in IEEE 802.11ax ("Wi-Fi 6") standard-based claims: the Velocity Communication Technologies suits assert patents drawn from a pool sourced from Marvell, NXP/Freescale, BlackBerry, and ZTE against a broad set of Wi-Fi equipment makers and OEMs.

Side preference. The tracked data shows 8 plaintiff-side and 4 defendant-side appearances, and her verified litigation history is weighted toward representing patent owners and monetization entities — she was part of the Sable Networks/Sable IP team asserting the micro-flow patents, and her current Velocity matters are all captioned with Velocity as plaintiff. (Note that several Velocity entries in the tracked list are coded as defendant-side even though Velocity is the plaintiff in every publicly docketed Velocity suit; those appear to be role-coding anomalies rather than defense-side representations.) She has also handled conventional commercial/business litigation alongside IP work.

Firm context and credentials. McCracken is a partner at Berger & Hipskind LLP in Beverly Hills, California, the firm that appears on all 12 tracked matters. She was admitted to the State Bar of California on November 28, 2006 (Bar No. 244523, license active) and is a 2006 graduate of UC Berkeley School of Law. No prior firm history is reliably sourced; the available public records show only Berger & Hipskind. She has served as counsel in the Eastern and Western Districts of Texas, the District of Delaware, and other fora, and has been admitted pro hac vice in Delaware and Texas matters. Selected to Super Lawyers (2026) and previously a Rising Star (2015–2016).

Notable matters, outcomes, and PTAB experience. Her most prominent tracked matter is Sable Networks, Inc. v. Cloudflare, Inc. (W.D. Tex.) and its related IPRs — a case she ultimately lost. A Waco jury in February 2024 found Cloudflare did not infringe the sole remaining asserted claim (claim 25 of the '919 patent) and that the claim was invalid; Sable then agreed to pay Cloudflare $225,000, grant a royalty-free license to its portfolio, and dedicate its patents to the public (Oct. 2024), and did not appeal. On the IPR side she has meaningful depth: she was granted pro hac vice admission as back-up counsel in the Cloudflare v. Sable Networks proceedings (IPR2021-00909, -00969, -01005, -01067) and was involved in the Splunk v. Sable Networks proceedings (IPR2021-01469, -01594, IPR2022-00003, -00228), with her PTAB work including drafting patent owner responses. Her current docket is the multi-defendant Velocity Communication Technologies Wi-Fi 6 campaign (HP, Cisco, HPE/Aruba, LG, OnePlus, TP-Link, Acer, D-Link, Juniper, Dell, NETGEAR, Ericsson, Sercomm, TCL, Charter, and others), filed beginning July 2025 and still at the pleadings/early-motion stage; no verdicts or settlements in that campaign are publicly sourced as of this summary.