Erik Paul Belt

Erik is a trial lawyer and Vice Chair of the Litigation Department. He focuses on patent, trademark, and licensing disputes in federal and state courts, arbitrations, and the United States Patent & Trademark Office. He has handled a wide range of technology cases involving, for example, x-ray inspection systems, software, medical devices, and water purification systems. He has been honored for the past four years as a "Super Lawyer" in the field of intellectual property litigation in Massachusetts by Law & Politics and Boston Magazine.

Recent Litigation Wins

In a case involving infringement of x-ray technology patents, Erik obtained sanctions against an alleged infringer for making material misrepresentations to the court and for other misconduct. Sanctions included an award of attorneys’ fees and striking the validity defenses. Erik also successfully moved to exclude the alleged infringer’s expert witness.
In a licensing dispute, an arbitrator ruled that our client had properly terminated a technology license because the licensee failed to meet mandated sales goals. The case is now on appeal.
An adware company sued our client, a distributor of Internet security software, for blocking pop-up ads and adware. A federal court dismissed the claims, holding that our client was immune under the safe harbor provision of the Communications Decency Act. The ruling was the first of its kind. The case is currently on appeal.
Erik represented a Sonoma winery that had terminated its licensee, an importer of luxury vodka. In a summary judgment decision, a federal court ruled that the importer breached the license, that the winery properly terminated the license, and, accordingly, that the importer's continued sales of the vodka infringed the winery’s trademark rights. The case settled shortly after that decision.
Erik represented an R&D lab that had invented the key component of a profitable medical diagnostic device. When the R&D lab discovered that its licensee, the manufacturer of the device, was using questionable accounting methods to reduce royalties, the lab sued to recover the unpaid royalties. Our client was awarded approximately $11 million in unpaid royalties, attorneys’ fees, and interest. The First Circuit Court of Appeals upheld this award. See Cytyc Corp. v. DEKA Products Limited Partnership, 439 F.2d 27 (1st Cir. 2006).

Professional Experience

Erik has extensive experience representing national and international clients in patent litigation involving a wide array of technologies, including immunoassay and medical devices, telecommunications electronics, electromagnetic devices, manufacturing processes, highway safety materials, software, and consumer plastics.
He also has designed and implemented trademark and copyright protection and enforcement strategies for clients in virtually every industry, including business consulting, financial services, biotechnology and pharmaceuticals, electronics, communications equipment, computer hardware and software, and consumer goods.
Erik writes and speaks on intellectual property and litigation issues. Published articles include "What Phillips Didn't Tell You: The Federal Circuit's Formula for Reading Limitations From the Specification into the Claims," (Patent Litigation Reporter, Andrews Publications, September 2005); "Federal Circuit Stresses Ordinary Meaning" (National Law Journal, September 2003); "Should Lawyers Take the Stand" (IP Worldwide, August 2002); "Federal Circuit Decision Curtails Appellees' Right to Cross-Appeal" (Intellectual Property Strategist, October 2002); and articles on patents as business assets and on clickwrap licenses. Erik spoke at the Boston Bar Association's IP Year in Review on patent law and litigation. A copy of that presentation is available here. Erik has been quoted in an article on the BlackBerry Patent Litigation.

Professional and Community Involvement

Erik is a member of the Board of Governors of the Boston Patent Law Association.
As a member of the IP Cases Task Force, Erik was the principal draftsman of a new local rule for the conduct of patent cases in the United States District Court for the District of Massachusetts.
As Co-Chair of the Boston Patent Law Association Amicus Committee and on behalf of other organizations, Erik has written or co-written amicus (friend of the court) briefs in several important appeals of patent law issues, including cases heard by the United States Supreme Court and the United States Court of Appeals for the Federal Circuit. Copies of these amicus briefs are available at the following links: Phillips v. AWH Corp.; MedImmune, Inc. v. Genentech, Inc.; eBay Inc. v. MercExchange, L.L.C.; Merck & Co. v. Teva Pharmaceuticals, Inc.; and In re Bilski.
Erik co-chaired the 2009 Combined Jewish Philanthropies Lawyers & Accountants Dinner and is involved in other charity and volunteer efforts in the community.