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Erin O. Dungan

Associate
p (612) 604-6579   f (612) 604-6979 
Education
Santa Clara University School of Law, J.D., 2003
Stanford University, M.S.E., Biomedical Engineering, 2000
Northwestern University, B.S., Biomedical Engineering, 1998
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Practice Areas

Experience

Erin Dungan is an associate in the Intellectual Property group, focusing her practice on intellectual property litigation, especially patent infringement litigation and pre-suit investigations. Her clients have come from a wide range of industries, including surgical and other medical devices, flash hardware, and computer equipment. In addition, Erin has experience in copyright and trademark litigation, including involving cybersquatting and counterfeiting. Erin represents clients in complex commercial litigation, such as breach of contract, warranty, trade secret, antitrust, fraud and predatory lending matters.

Erin is committed to helping her community, and through her pro bono practice assists victims of domestic abuse obtain orders of protection. She also represents pro bono clients in landlord/tenant disputes and asylum applications and appeals. She is a qualified neutral under Rule 114 of the Minnesota General Rules of Practice, and an active member of the Board of Directors for the Minnesota Justice Foundation.   

Erin received her law degree from Santa Clara University School of Law, where she was an articles editor for the Santa Clara Law Review and served as a judicial extern for the Honorable Jeremy Fogel, United States District Court for the Northern District of California. She received her B.S. in biomedical engineering from Northwestern University and her M.S.E. in biomechanical engineering from Stanford University.

Bar Admissions
California, 2003
Minnesota, 2006
U.S. Patent and Trademark Office, 2004
U.S. District Court for the Northern District of California, 2004
U.S. District Court for the Southern District of California, 2003
U.S. District Court for the Eastern District of California, 2004
U.S. District Court for the Central District of California, 2004
U.S. District Court for the District of Minnesota, 2010
U.S. Court of Appeals for the 9th Circuit, 2003
U.S. Court of Appeals for the 8th Circuit, 2014
U.S. Court of Appeals for the Federal Circuit, 2016

Representative Matters

Intellectual Property
  • Represented complainant in a patent infringement action related to data storage before the U.S. International Trade Commission.
  • Representing life sciences company pursue trade secret misappropriation claims relating to cell culture devices.
  • Representing accused infringer in a patent infringement action and co-pending IPR relating to precision agriculture technology.  Obtained complete stay of district court proceeding pending resolution of IPR.
  • Advised client in the educational sector regarding safe harbor provisions afforded to Internet Service Providers under the Digital Millennium Copyright Act and regarding compliance with anti-infringement provisions of the Higher Education Opportunity Act.
  • Advised client in the dental industry regarding safe harbor provisions afforded to Internet Service Providers under the Digital Millennium Copyright Act.
  • Defended reseller of network equipment against claims of trademark infringement and counterfeiting.
  • Developed and implemented copyright strategy for protecting original designs for manufactured quartz surfaces.
  • Obtained complete dismissal of seven figure breach of patent license agreement claim following week long arbitration hearing.
  • Provide general advice regarding business practices for avoidance of liability with respect to intellectual property.
  • Represented accused infringer in a patent infringement action relating to vascular stent technology. Obtained complete stay of district court proceeding pending resolution of IPR, including all appeals.
  • Represented a Fortune 500 multinational corporation in a trademark infringement action related to re-positional notes.
  • Represented a medical device company in a trademark infringement action related to programmable vests used to provide airway clearance treatment.
  • Represented accused infringer in a patent infringement action related to dialysis machines.
  • Represented accused infringer in a patent infringement action relating to card personalization technology.
  • Represented client in a patent license dispute regarding tire inventory planning software program. Defeated motion for TRO and obtained dismissal of action for lack of personal jurisdiction.
  • Represented defendant in a trademark infringement action. Obtained dismissal with prejudice of Plaintiff's complaint for lack of subject matter jurisdiction.
  • Represented defendant in patent infringement action relating to electronic pollbook systems.
  • Represented patentee in a patent infringement action related to devices used in spinal surgery.
  • Represented select respondents in a patent infringement action related to flash memory before the U.S. International Trade Commission, which also included antitrust-related defenses.

Complex Commercial Litigation
  • Represented a privately-held multinational corporation in the food processing industry in a trade secret/antitrust action.
  • Defended client in a breach of contract and warranty action also involving claims of fraud.
  • Defended client in a contract dispute regarding the proper interpretation of contractual provisions relating to commissions.
  • Defended multinational document management corporation in a major contract dispute.
  • Obtained full summary judgment on claims of selling an unregistered/undisclosed franchise based upon estoppel and summary judgment on earnings claims.
  • Obtained full summary judgment on claims under the Minnesota and Wisconsin Franchise Act of selling an unregistered/undisclosed franchise based upon estoppel and summary judgment on earning claims for lack of reliance.
  • Represented appellant in an appeal of judgments in a franchising dispute.
  • Represented client in a contract dispute related to overseas clinical trials of a drug used to treat Hepatitis C.
Professional Associations
  • Minnesota Justice Foundation, Board of Directors
  • Volunteer Lawyers Network
Honors & Awards
  • MSBA North Star Lawyer for Pro Bono Service, 2014-2016
Community Involvement
  • Marshall School, Board of Trustees, Member
 
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