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Eric M. Acker Eric M. Acker

Partner
Primary Office: San Diego

Email: eacker@mofo.com
Phone: (858) 720-5109
Fax: (858) 720-5125

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Selected examples of Mr. Acker's client representation include:

  • Maxwell Technologies, Inc. v. NessCap Co., Ltd.
    Mr. Acker represents Maxwell Technologies in a patent infringement action involving ultracapacitor technology. In April 2007, the district court in the Southern District of California entered a preliminary injunction in Maxwell’s favor enjoining NessCap from making, using, selling, or offering to sell its prismatic ultracapacitor products.
  • McKesson v. Bridge Medical, Inc.
    Mr. Acker defended Bridge Medical in a patent action involving the use of bar-code technology in bedsite patient identification and verification systems. Following trial in May 2006 in the Eastern District of California, the court found the asserted patent unenforceable based on inequitable conduct during prosecution.
  • Nichols Institute Diagnostics, Inc. v. Scantibodies Clinical Laboratory, Inc.
    Mr. Acker defended Scantibodies, a San Diego-based manufacturer of diagnostic parathyroid hormone assays, through trial in a patent infringement action brought by Nichols Institute Diagnostics.  Following a month-long jury trial held in 2005 in the Southern District of California, the jury returned a verdict in favor of Scantibodies finding that the asserted patent was invalid on the grounds of lack of written description, enablement and best mode.
  • Wellstat Therapeutics Corp. v. The Regents of the University of California
    Mr. Acker defended The Regents of the University of California in patent, licensing and trade secret litigation involving the use of a uridine prodrug to treat various metabolic disorders. The matter settled on the eve of trial in San Diego Superior Court with no payment made by The Regents.
  • Oakley v. Target Corporation
    Mr. Acker defended Target against allegations of infringement of Oakley’s design patent for sports sunglasses. A favorable settlement was reached prior to trial.
  • Caliper Technologies Corp. v. Aclara Biosciences, Inc.
    Mr. Acker was counsel to a manufacturer of micro fluidic devices in patent litigation filed in the district court in the Northern District of California. The matter was settled prior to trial.
  • Pharmingen v. Fujisawa
    Mr. Acker defended Fujisawa in trade secret litigation involving the licensing of clones from Japanese developers for the production of antibodies to be used as research tools.
  • San Diego Pension Fund
    Mr. Acker is representing two San Diego City Council members in the government’s investigation of the funding of the San Diego City Employees’ Retirement Fund System.
  • United States v. Kayoko Kimbara
    Mr. Acker defended a post-doctoral researcher charged with allegedly violating the federal Economic Espionage Act by purportedly misappropriating trade secrets involving DNA sequences and related proteins from a research laboratory at Harvard University. The government agreed to deferred prosecution.
  • United States v. John Benjamin
    Mr. Acker is defending the former treasurer of Peregrine Systems against conspiracy and wire fraud charges arising from the collapse of Peregrine in 2002.
  • United States v. Robert Hitt
    Mr. Acker defended an employee of a global airplane manufacturer indicted in the District of Columbia for allegedly conspiring to defraud the United States Government with respect to the export of sophisticated machine tools to China. The U.S. District Court granted our motion to dismiss the indictment against that employee on statute of limitations grounds.
  • State of California v. United Parcel Service
    Mr. Acker defended a global package delivery company charged by the City of San Diego with several crimes for allegedly violating state hazardous material laws. The San Diego Superior Court granted our motion to dismiss the case with prejudice.
  • William R. Benz v. Primecare International, Inc.
    Mr. Acker represented a former CFO of a large health care provider who was terminated after he discovered and informed company executives of Medicare fraud. Following a two-week jury trial in the U.S. District Court for the Central District of California, the jury awarded our client $4.6 million dollars in damages.
  • M.R. v. Filenet Corporation
    Mr. Acker represented a former software account executive who was wrongfully terminated for challenging his employer's failure to pay earned commissions and bonuses. Following a month-long jury trial in Los Angeles Superior Court, the jury awarded our client $2.7 million dollars in compensatory damages. The matter was settled for a confidential amount prior to the punitive damages phase of the trial.
  • L. Scott Karlin v. Alcatel, S.A.
    Mr. Acker defended an international telecommunications company in a class action lawsuit filed in U.S. District Court for the Central District of California accused of violating SEC Rule 14d-10 by allegedly paying more to insider shareholders than public shareholders during a two-billion dollar tender offer. A favorable settlement was reached two days before trial.