Eric R. Chad

Partner
Minneapolis
150 South Fifth Street, Suite 2200
Minneapolis, MN 55402
D: 612.336.4742
Contact My Assistant
Carol Hough
D: 612.371.5257

As an attorney who practices in all areas of intellectual property litigation, as well as data privacy and security, Eric prides himself on keeping thieves, trolls, hackers, and the government off his clients’ backs. In every matter, Eric makes sure he understands his client’s objectives and takes all relevant factors into account when offering advice, including legal implications, business impact, and budgetary restrictions.

Eric understands that, when a client calls him, the top priority is a pragmatic and affordable solution to that client’s legal issues. Rather than dive down a rabbit hole of legal minutiae, Eric gets to work collaborating with his client to resolve any issues efficiently and quickly.

On the data privacy and security side, Eric counsels clients on a multitude of issues, such as navigating compliance with complex legal and regulatory frameworks like the EU’s General Data Protection Regulation and the California Consumer Privacy Act. This includes working with clients to ensure that attempts at compliance are necessary and that issues are appropriately prioritized to promote efficiencies. Eric also helps his clients by drafting, or aiding in the drafting of, internal and public-facing policy documents, such as privacy notices and website terms of use. Other services Eric performs in this area include vendor management, developing and implementing incident response plans, and counseling regarding numerous sectoral regulations, such as the FRCA, FERPA, COPPA, and others.

Eric has also spent the last decade litigating complex intellectual property disputes, including cases involving patents, trademarks, copyrights, trade secrets, publicity rights, and unfair competition. Eric has appeared in Federal District Court’s across the country advocating for his clients. He involves himself in all aspects of these litigations, from pre-filing investigation through post-trial briefing and appeals. Eric has also represented clients before the Patent and Trademark Office’s Trademark and Appeals Board.

Eric previous served as an adjunct professor at the University of Minnesota Law School where he taught the Intellectual Property Moot Court class and coached the IP Moot Court team. He also works with the Children’s Law Center of Minnesota to represent children who have been or are in danger of being removed from their homes.

Outside of the office, Eric spends time with his wife, Vanessa, and his daughter, Grace, playing with his dog, reading, gardening, and pretending to exercise.

Representative Cases

Defended a large software and computer systems company in patent litigation against a competitor. The technology at issue involved procurement software used by numerous large companies and healthcare facilities. The case resulted in a verdict that the majority of the client’s accused products did not infringe the asserted patents.

Represented a multinational cosmetics company in trademark litigation against a beauty salon. The case resulted in efficient resolution of the matter on terms favorable to the client.

Represented a multinational cosmetics company in an action before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board to cancel a trademark registered by another company that was similar to that used by the client. The case resulted in cancellation of the contested trademark.

Represented a large HVAC systems manufacturer in patent litigation against a competitor. The technology at issue involved large in-line fans used in large facilities. Achieved efficient resolution of the case on terms favorable to the client.

Education

Mitchell Hamline School of Law
     Cybersecurity and Data Privacy Law Certificate Program, 2018

University of Minnesota Law School
      J.D., magna cum laude, 2008
     Lead Managing Editor, Minnesota Journal of Law, Science & Technology

University of Minnesota—Twin Cities
     B.S. Biology, summa cum laude, 2005

Admissions

U.S. Court of Appeals for the Federal Circuit, 2018
U.S. Court of Appeals for the Eighth Circuit, 2010
U.S. District Court, District of Minnesota, 2008
U.S. District Court, Western District of Wisconsin, 2008
Minnesota State Bar, 2008

Professional Affiliations

International Association of Privacy Professional (iapp)
American Bar Association
Minnesota State Bar Association

Awards & Recognition

Selected for inclusion in Minnesota Super Lawyer’s Rising Star, 2014-2020

Legal Commentary

The Last Guardian Trademark Abandoned, But Don't Worry, GameInformer.com, August 9, 2012, by Jim Reilly

Could Black Ops II's Setting Land Activision in Legal Trouble?, GameInformer.com, May 7, 2012 by Dan Ryckert

Blizzard Wins Court Case Against World of Warcraft Emulator Servers, GameInformer.com, August 17, 2010 by Phil Kollar

Getting the Legal Lowdown on Yesterday's Lawsuits, GameInformer.com, August 4, 2010, by Ben Reeves

The Activision Lawsuit: What It Means and Where It's Going, GameInformer.com, March 4, 2010, by Phil Kollar

DRM Firm Uniloc Files Suit Against Activision, Sony, Aspyr, Gamasutra.com, August 4, 2010, by Kris Graft

Is Duke Really Dead?, Game Informer Magazine, March 2010, by Bryan Vore

Publications & Speaking

Trending Law, Navigating Intellectual Property: Securing Software Patents, Twin Cities Business Magazine, September 2019

On the Cutting Edge: Updates on Patent Law, Data Privacy, and E-Commerce CLE (July 11, 2019)

Hot Topics, Trends, & Updates: Cybersecurity, Patent Litigation Decisions, and the Implications CLE (July 11, 2018)

Ethics & Elimination of Bias for IP Lawyers Series – Part II CLE, (June 14, 2018)

The death of patent reform? Why Leahy's legislation matters, Lexology, July 9, 2014

Akamai Technologies, Inc. v. Limelight Networks, Inc.: Induced Infringement Does Not Require A Direct Infringer, September 2012

To Mark or Not To Mark? Forest Group, Inc. v. Bon Tool Co. Changes the Game, Intellectual Property Today, April 2010, with Tom Leach

How to Try a Patent Case on a Budget...and Win, IP Law 360, April 23, 2009, with Rachel K. Zimmerman

How to Try a Patent Case on a Budget...and Win, Minnesota Lawyer, March 9, 2009, with Rachel K. Zimmerman

RIAA Tempers Tactics, National Law Journal, January, 19 2009, with William D. Schultz

Notes & Trends: Intellectual Property Law, Bench & Bar of Minnesota, September 2009, October 2008, and October 2007, with Anthony R. Zeuli

Intellectual Property Counseling and Litigation: Ch. 75, Attorney-Client Privilege and Work Product Immunity in Intellectual Property, 2007 update with Ernest W. Grumbles III, with Matthew Bender, 2007

Certifications

Certified Information Privacy Professional - U.S. Private-Sector (CIPP/US) by International Association of Privacy Professionals (iapp)


MEDIA CENTER

All Media
Press Releases
7/20/20
Merchant & Gould Announces 2020 Super Lawyers and Rising Stars in Minnesota
Congratulations to nine Merchant & Gould attorneys in the Minneapolis office who have been named 2020 Minnesota Super Lawyers, distinguishing themselves in their legal practice.  Only the lawyers in the top 5 percent of the total lawyers in the state ...
News Alerts
1/6/20
Merchant & Gould’s Jonathan Berschadsky and Eric Chad successfully defend a challenge at the U.S. Court of Appeals for the Federal Circuit
Merchant & Gould’s Jonathan Berschadsky and Eric Chad worked with another law firm to successfully defend a challenge at the U.S. Court of Appeals for the Federal Circuit on behalf of Merchant and Gould client, DraftKings, and FanDuel, where the ...
Events
7/11/19
On the Cutting Edge: Updates on Patent Law, Data Privacy, and E-Commerce
3-Minute Case Summaries: A fast-paced and energetic update on recent case law developments important to patent litigation from ten select cases. Brand Protection Update: Hear an update on trends and cases related to online brand protection, including ...
Press Releases
1/22/19
Eric Chad, Partner, Merchant & Gould P.C. Has Earned CIPP/US Certification
Eric Chad, Partner, Merchant & Gould P.C., has earned the ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). Eric counsels clients on a variety ...
Press Releases
1/1/19
Merchant & Gould Promotes Five Attorneys to Partners in Three Office Locations
Merchant & Gould promoted five attorneys in three of its offices around the country -- a great way to launch the New Year.  The promotions include Eric R. Chad, Mark L. Gleason and Anneliese S. Mayer in Minneapolis; Ryan J. Fletcher, Ph.D., in Denver; ...
Events
7/11/18
Hot Topics, Trends, & Updates: Cybersecurity, Patent Litigation Decisions, and the Implications
  Merchant & Gould Presents Hot ...
Events
6/14/18
Ethics & Elimination of Bias for IP Lawyers Series – Part II
Merchant & Gould presents Ethics & Elimination of Bias for IP Lawyers Series – Part II  “Emerging Technology: Ethically Counseling Your ...
Events
4/26/18
Business Issues on the Internet CLE
Join us for a complimentary CLE discussing the current trends related to the online marketplace as well as manage cyber-security issues that impact businesses. Synopsis  Learn how business and legal teams can work together to identify what ...
News Alerts
7/14/17
Impressions from the Heartland
The Supreme Court recently issued two opinions changing patent law in ways that will affect a number of companies in Minnesota.   Is it Good-Bye, Eastern Texas? First and foremost, in TC Heartland v. Kraft Foods, the Supreme Court overruled 30 ...
Articles
7/9/14
The death of patent reform? Why Leahy’s legislation matters
LexologyAttempts by Senator Patrick Leahy (D-Vt.) to pass a bill that would rein in the activities of non-practicing entities—“patent trolls”—have been thwarted.  Senator Leahy, who chairs the Senate Judiciary Committee, had introduced ...
White Papers
9/1/12
Akami Technologies, Inc. v. Limelight Networks, Inc.1: Induced Infringement Does Not Require A Direct Infringer
Akamai Technologies, Inc. v. Limelight Networks, Inc.1: Induced Infringement Does Not Require A Direct InfringerIn a per curiam opinion, a narrow majority of the Court of Appeals for the Federal Circuit, sitting en banc, revisited the Federal ...
Articles
5/7/12
Call of Duty - Black Ops II
Click here to read article, including comments by Eric Chad
Press Releases
4/23/10
Merchant & Gould Succeeds in Establishing Copyrightable Subject Matter within Software Used for Controlling Surface Mining Machines
Firm Establishes Copyrightability of Software Used With Programmable Logic Controllers on Behalf of Its Client Merchant & Gould, an intellectual property law firm, today announced that it successfully established copyright protection over the software ...
Articles
3/5/09
How To Try A Patent Case On A Budget ... And Win
Click here to read article co-authored by Rachel Zimmerman and Eric Chad in Law 360