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Erin Knese

Erin focuses her practice on commercial litigation. She has experience conducting discovery and drafting pretrial motions in patent infringement cases, and in briefing before the Federal Circuit. She also has experience in other forms of IP litigation, including trademark, copyright, and trade secrets cases under both state-law and the DTSA.

On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to virus-scanning downloadable app code for known and suspected malware. As construed, the invention claims novel behavioral-based analysis of source code to identify; detection of potentially dangerous files results in creation of a new file attached to the app code which is then evaluated by the destination computer to determine whether to allow the app to be downloaded.