Eric W. Hagen is a partner in the law firm of McDermott Will & Emery LLP based in the Firm's Los Angeles office. He is a member of the Intellectual Property, Media & Technology Department.
Prior to joining McDermott, Eric was a partner with an international law firm, where he counseled and represented Fortune 500 clients and emerging growth companies in complex commercial cases involving patents, trade secrets, trademarks, copyrights, false advertising claims, antitrust and unfair competition issues, and related matters. Eric has successfully represented a diverse range of clients in the television, internet, marketing, life sciences, semiconductor, financial services, sports and entertainment industries. He also serves on the Board of Advisors for JibJab Media Inc.
Eric has been recognized by The Legal 500 United States as a “partner with a proven track record in trade secrets” and as a leading lawyer recommended by clients in the field of trade secret litigation. He also serves on the Trade Secret Law Committee of the American Intellectual Property Law Association.
In the courtroom, Eric has served as the first and second chair attorney in jury trials and bench trials, as well as in arbitration and at the Markman stage of patent litigation. He also has successfully guided cases through appeals before the U.S. Supreme Court, the Federal Circuit, the Ninth Circuit and the California Court of Appeal. He recently represented the petitioners in a closely-watched student free speech case before the U.S. Supreme Court, Morse v. Frederick, 127 S. Ct. 2618 (2007), commonly known as the "Bong Hits 4 Jesus" case, in which his clients achieved a unanimous reversal of the Ninth Circuit's qualified immunity decision and a 5-3 victory on the First Amendment issue.
Eric serves on the firm’s pro bono committee and is actively engaged in pro bono efforts, including guardianship and adoption cases for The Alliance for Children’s Rights. He is also a founding board member of The Serpentine Project, a nonprofit charitable organization that assists foster care youths transition out of the system and into adulthood. Eric also recently served as amicus counsel to The Claremont Institute Center for Constitutional Jurisprudence in a redevelopment abuse case, Fontana Redevelopment Agency v. Torres, 153 Cal. App. 4th 902 (2007), successfully advocating for the reversal of a trial court’s validation action.
Eric has written and lectured extensively on a variety of issues including intellectual property litigation, copyrights and internet protection, trade secret strategies and trial practice. He has been published and quoted in the National Law Journal, Associated Press, Los Angeles Daily Journal, New York Law Journal, Entertainment Law Review and other publications. He also was a co-author of the book An Endless Series of Hobgoblins: The Science and Politics of Environmental Health Scares, New York: Foundation for Economic Education.
Representative Experience
- Lead counsel for digital animation company in patent infringement lawsuit involving method for producing electronic images.
- Defending Seagate Technology against claims of alleged patent infringement and trade secret misappropriation of disk drive technology. This case prompted the landmark Federal Circuit decision, In Re Seagate Technology, LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc), in which the court overturned 24 years of precedent in Seagate’s favor, preserving the attorney client privilege and abolishing the duty of care standard in response to a claim of willful infringement.
- Defended Belgian company against claims of patent infringement and unfair competition arising out of dispute over rights to proton beam therapy systems used for cancer treatment. Plaintiffs sought in excess of $300 million. Settled favorably on the eve of trial for less than one-half percent of plaintiffs’ originally-alleged damages (also less than client’s anticipated trial budget). Client allowed to continue business uninterrupted. Plaintiffs dismissed action with prejudice, broadly released claims and covenanted not to sue.
- Defended DRAM manufacturer against $100 million trade secret and antitrust lawsuit concerning the manufacture and sale of memory modules. Obtained dismissal of claims on demurrer. Simultaneously prosecuted multi-million-dollar arbitration against litigation plaintiff. Case resolved in confidential settlement.
- Defended leading global ophthalmic company in a patent infringement action arising out of a dispute over rights to method of performing LASIK eye surgery. Obtained favorable claim construction ruling, reported at 347 F. Supp. 2d 731 (D. Ariz. 2004). Plaintiff subsequently entered into a consent judgment of non-infringement and appealed. The Federal Circuit affirmed <http://www.fedcir.gov/opinions/05-1215.pdf>.
- Represented global commercial furniture manufacturer in obtaining preliminary and permanent injunction against client’s former executives and various shell companies in the United States, China, and Hong Kong, preventing them from infringing client’s trademarks and requiring them to return intellectual and tangible property taken from plaintiffs.
- Defended satellite television programming provider in several consolidated lawsuits asserting misappropriation of trade secrets, unfair competition, tortious interference and various declaratory relief claims. Obtained early dismissal of trade secret claims and certain interference claims. Reached favorable settlement with lead plaintiffs following successful summary judgment motions. Prevented collateral attack on final settlement approval, including defeating two emergency motions in the Ninth Circuit. Ultimately achieved dismissal of all remaining claims in a decision reported at 318 F. Supp. 2d 968 (C.D. Cal. 2004).
Eric earned his bachelor's degree in biology from Pepperdine University, his master's degree from Dartmouth College and his J.D. (magna cum laude) from Pepperdine University School of Law where he was the note and comment editor for the Pepperdine Law Review. He served as a law clerk for Judge Robert D. Potter of the U.S. District Court for the Western District of North Carolina.
He is a member of the State Bar of California and the District of Columbia. Eric is a registered patent attorney admitted to practice before the U.S. Patent and Trademark Office.
Education
- Pepperdine University School of Law, J.D. (magna cum laude), 1997
- Dartmouth College, M.A., 1994
- Pepperdine University, B.A., 1992
