Patent litigation attorney

Erin P. Gibson

30 tracked appearances — 11 plaintiff · 19 defendant.

Specialty & background

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Erin P. Gibson — Patent Litigation Practice Summary

Specialty / focus. Gibson is a first-chair patent trial lawyer whose practice centers on the ITC under Section 337 and on parallel district court litigation. Her technology mix is heavily electronics- and computer-hardware-focused: memory and semiconductor architecture (Netlist, SK hynix, Micron, NXP), computer hardware and peripherals (Hewlett-Packard, Gateway, Acer), wireless and smartphone technology (Broadcom v. Qualcomm; Motorola v. RIM; Motorola Mobility v. TiVo), touchscreen devices (Neodron v. Microsoft/HP), and software/authentication (InNova, Linksmart). She also has non-electronics experience, including printed-circuit-board materials (Isola v. Taiwan Union Technology), power-tool magnets (Hitachi v. Milwaukee/Techtronic), printing (Ricoh v. Oki Data), and life sciences (SkinMedica v. Histogen). Her ITC work is the most distinctive feature of the practice — DLA Piper states she has handled more than 55 ITC investigations.

Side preference — both, with a defense tilt. The tracked appearance list runs roughly 15 defendant-side to 8 plaintiff-side, consistent with a practice that primarily defends large operating companies (HP, Microsoft, Apple, Qualcomm, Trend Micro, NXP, Histogen, Milwaukee Electric Tool) against infringement claims, including NPE/PAE suits such as Velocity Communication Technologies v. HP and the Proxense and Neodron campaigns. She also acts for patent owners asserting their portfolios — most notably Netlist in its memory-module litigation and ITC actions, Isola, and Ricoh — so she is not defense-only. Note that the tracked role labels (e.g., "lead counsel," "counsel," "of counsel") are inconsistent and appear to reflect docket-caption artifacts rather than a clean measure of responsibility; treat the side counts as directional.

Firm context. Gibson has spent her career at DLA Piper, joining in San Diego and now a partner based in Washington, DC. She is US Chair and Global Co-Chair of the firm's Intellectual Property and Technology practice and Chair of its International Trade Commission practice; no prior law firm is identified in the sources reviewed. She is admitted in California and the District of Columbia.

Notable matters and outcomes. Reported results include a defense verdict in a $500 million patent jury trial and a complete plaintiff's verdict in another jury trial (deliberation lasting roughly two hours); a complete jury verdict for Isola USA, including willful infringement and lost profits, in the District of Arizona; summary judgment for HP in Princeton Digital Image Corp. v. Hewlett-Packard (JPEG/camera exposure technology, S.D.N.Y.); and a walk-away ITC victory for NXP Semiconductors in April 2024 when the complaint was withdrawn shortly before trial. She represented HP in Cornell v. Hewlett-Packard, the N.D.N.Y. microprocessor case tied to the damages-reform line of authority. On the patent-owner side, she represented Netlist against SK hynix in the ITC (Inv. No. 337-TA-1089), where the ALJ found a Section 337 violation on U.S. Patent No. 9,606,907 in October 2019; the parties later settled (reported at roughly $40 million in royalties). She is also lead counsel for Apple in the Proxense disputes, where the PTAB found Proxense biometric-verification claims obvious in 2025 and Proxense has appealed (Fed. Cir. No. 25-2168).

PTAB / IPR experience. Yes — she appears regularly in PTAB proceedings alongside her district court and ITC work, including as counsel on Apple's IPR petitions against Proxense (e.g., IPR2024-01399, IPR2025-00074, IPR2025-00562) and on the related Sotera-style stipulations in IPR2025-01150/01152. Her public profile, however, is primarily that of a district court and ITC trial lawyer rather than a prosecution-side practitioner.

Bar / education. J.D., University of San Diego (2003, cum laude); B.J., University of Nebraska (1999, summa cum laude); admitted in California and the District of Columbia. She is Chambers-ranked for ITC Section 337 and California patent litigation and a Legal 500 Hall of Fame member for ITC patent litigation; Patexia's 2026 ITC report ranked her the most active and best-performing attorney representing respondents.

Firms

Roles

  • lead counsel7
  • Counsel6
  • counsel5
  • Lead Counsel4
  • of counsel2
  • of record1
  • of counsel/associate1
  • counsel of record1

Cases (30)