Erick C Howard

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Shartsis Friese LLP
• Representative Cases & Transactions
  Cases

  Representative Cases: Helios Software, et al. v. SpectorSoft Corp. Mr. Howard successfully represented the defendant in a multi-million dollar patent infringement dispute related to employee activity monitoring software. The plaintiffs originally asserted infringement of three patents. Two of the patents were found not infringed on summary judgment. The infringement
  validity of the third patent were successfully tried to a jury in Delaware district court, the jury returning a verdict of both non-infringement of the patent
  invalidity of several of the asserted claims.
  Nova Wines, Inc. v. Adler Fels Winery, et al. Mr. Howard represented a Napa Valley wine producer in a trademark
  trade dress infringement case against a photographer
  a Sonoma wine producer attempting to introduce wine products using the image
  likeness of Marilyn Monroe in violation of the client's trade dress rights in such images. Mr. Howard successfully obtained preliminary injunctive relief on behalf of the client in a case-of-first-impression decision by the federal district court holding that images of celebrities may constitute valid
  protectable trademarks
  trade dress.
  Concrete Washout Systems, Inc. v. Minegar Environmental Systems, Inc. Mr. Howard represented a construction company in a trade secrets misappropriation
  patent infringement case concerning inventions related to the disposal of concrete washout waste. Mr. Howard obtained summary judgment in favor of the client, defeating the plaintiff's claims.
  Fair v. Bakhtiari, et al. Mr. Howard successfully represented the defendants in a contract
  breach of fiduciary duty case that resulted in the California Supreme Court issuing a decision upholding important aspects of confidential communications in mediation. The Supreme Court voted 7-0 to overturn a unanimous decision in the California Court of Appeal,
  return the case to the trial court. The case was tried successfully in 2008, defeating a claim of $14 million
  recovering property rights for our clients worth $5 million.
  Rabobank v. National Westminster Bank. Mr. Howard represented NatWest (formerly National Westminster Bank
  now owned by Royal Bank of Scotl
  ) in a claim by a major Dutch bank for approximately $200, 000, 000, involving litigation both in Engl
  
  California. The case was defended successfully at trial in Engl
  , with full indemnity fees of approximately $25 million awarded to our client after trial.
  Simpson Strong-Tie Company, Inc. v. Stewart, Estes & Donnell. Mr. Howard represented construction manufacturing client in a case resulting in a first-impression, l
  mark decision in the Tennessee Supreme Court regarding lawyer advertising
  defamation.
  Designer Jeans Trademark Disputes. Mr. Howard has successfully defended manufacturers of high-end denim jeans against claims of trademark infringement asserted by a well-known denim jeans manufacturer.