Eric L. Broxterman

Eric L. BroxtermanPartner

120 South LaSalle Street
Suite 1600
Chicago, IL 60603VCard
312.577.7007 fax
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J.D., Northwestern University School of Law, 2002
B.S., Mechanical Engineering, Case Western Reserve University, 1998


Technical Areas

Bar & Court Admissions

IllinoisOhioU.S. Patent and Trademark OfficeU.S. Court of Appeals for the Federal CircuitNumerous U.S. District Courts


Selected for inclusion in Illinois Super Lawyers – Rising Stars for 2013, recognizing the state's top up-and-coming lawyers

Eric L. Broxterman is a litigator with years of experience in all facets of intellectual property law. Clients turn to him for trusted counsel regarding patent prosecution, infringement/invalidity opinions, IP transactional issues, and procurement of intellectual property.

Eric’s clients range from Fortune 500 companies to smaller firms in a variety of industries, including these:

  • VOIP
  • Hatch/Waxman issues and generic pharmaceuticals
  • Money counters
  • Insulin detection devices
  • Automotive
  • Medical devices
  • Steam generators
  • Software
  • Spatially-referenced imagery

In addition to his patent experience, Eric has worked on a number of cases concerning false advertising, trademark, and copyright issues.

Eric leverages his technical training and experience to benefit his clients. After earning his engineering degree, Eric worked as a mechanical engineer, designing and manufacturing components for commercial and government aircraft engines.

Following law school, Eric served as a law clerk for the Honorable Kathleen O’Malley in the Northern District of Ohio. Prior to joining Fitch Even, he developed his intellectual property litigation practice at a large multi-practice law firm where he was involved in both jury and bench trials.

LG Electronics v. Whirlpool Corporation (N.D. Ill. 2008) False advertising case regarding the use of “steam” to describe Whirlpool’s dryer. Jury returned a verdict that Whirlpool had violated the Uniform Deceptive Trade Practices Act.

AstraZeneca LP, et al. v. Barr Laboratories, Inc. (D. Del. 2008) Patent infringement action regarding client Barr Laboratories’ ANDA to make a generic version of Entocort®, a capsule used to treat mild to moderate Crohn’s disease affecting the ileum and/or ascending colon. Obtained favorable settlement that allowed client to launch generic product prior to expiration of patents.

C2 Communications Tech., Inc. v. AT&T, et al. (E.D. Tex. 2006) Patent infringement case regarding VOIP technology. Obtained favorable settlement for client Verizon.

Bayer Schering AG, et al. v. Barr Laboratories, Inc. (D. N.J. 2006) Patent infringement action regarding client Barr Laboratories’ ANDA to make a generic version of the oral contraceptive Yasmin®. Obtained favorable district court decision of patent invalidity after multi-week bench trial. Verdict was affirmed on appeal.

Abbott Diabetes Care, Inc. v. DexCom, Inc. (D. Del. 2005) Patent infringement action regarding client Abbott’s glucose monitoring device. Case is pending.

  • "Joint Infringement and Indefiniteness After Limelight and Nautilus," Fitch, Even, Tabin & Flannery Webinar, June 26, 2014.
  • "Protecting Your Intellectual Property," Chicago Bar Association’s Law at the Library series, November 10, 2011.
  • Chicago Bar Association
  • American Bar Association
  • Intellectual Property Law Association of Chicago

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