Erika Warren is Managing Partner of Warren Kash Warren.
Erika Warren represents clients in high-stakes intellectual property matters involving software, wireless, networking, and optical communication patents, technical trade secrets, as well as in a range of contract, trademark, and license disputes.
Represented Google and various Android and Chrome device makers against claims of patent infringement in multiple jurisdictions involving hundreds of patents on hundreds of technologies from Google Maps, Ads, and location, mobile device UI, language processing and neural networks, audio and image processing and streaming, and a wide variety of camera functionalities. Erika has defended Google and others against claims by WSOU Investments, Purdue University Research Foundation, Koninklijke Philips, Altpass LLC, Gesture Technology Partners, Motion Offense, LLC, and Rockstar Consortium. Erika’s recent victories on behalf of Google include invalidating claims at Markman before Judge Albright in the Western District of Texas and successfully moving to exclude certain opinions of a plaintiff’s technical expert under Daubert v. Merrell Dow Pharmaceuticals, Inc.
Represented Viasat against Acacia Communications in a successful attempt to vindicate Viasat’s intellectual property rights. After Acacia removed Viasat’s claims to Federal court, Erika convinced the District Court to remand the case in its entirety to San Diego Superior Court. After a lengthy trial, Viasat obtained a jury verdict of $49.3 million, later affirmed by the California Court of Appeals. In 2023, Erika and her team secured a second historic win on behalf of Viasat: an award of $97.6 million on summary judgment.
Represented Huawei against prolific troll CyWee, stopping CyWee’s claims in the Eastern District of Texas. The Court’s order in that action remains frequently cited as identifying the most relevant factors (the “CyWee factors”) in analyzing whether a case is subject to the customer-suit exception.
Represented Uniphore against patent claims concerning AI and computer vision in the District of Delaware. Erika saw the weakness in the patent, wrote Uniphore’s motion for judgment on the pleadings under 35 U.S.C. § 101, and the case ended quickly thereafter.
Represented Nokia device maker HMD Global Oy against patent claims concerning text-message processing technology by another prolific troll, Cellular Communications Equipment, in the Eastern District of Texas. The case settled a few days after HMD Global filed its claim construction brief.
Represented High Tech Inventors Alliance (“HTIA”) and Computer & Communications Industry Association (“CCIA”) as Amicus Curiae in Intel Corporation et al v. Fortress Investment Group LLC, No. 19-7651 (N.D. California).
As a pro bono attorney for Kids in Need of Defense (KIND), Erika has donated hundreds of hours to represent unaccompanied children in immigration proceedings. In 2019, Erika achieved a landmark victory on behalf of a pro bono client, obtaining termination of removal proceedings against a hostile administration.
Erika graduated with honors from the University of California, Hastings College of the Law in 2013. From January through May of 2012, Erika served as an extern for Judge William Alsup of the Northern District of California, and during the summer of 2011 was a judicial intern for Magistrate Judge Frank Maas of the Southern District of New York. Erika was also the Executive Managing Editor of the Hastings Business Law Journal.
In her free time, Erika enjoys cooking food her children occasionally eat, and selling people on the cargo e-bike lifestyle. She serves as President of the Board of Directors of Natural Resources All Families Foundation, a 501(c)(3) non-profit providing foundational perinatal support and education, and leads a community group for young families at Congregation Emanu-El in San Francisco.
Education and Clerkship
University of Connecticut (B.A., 2005)
University of California, Hastings College of the Law (J.D., 2013)
The State Bar of California
United States District Courts
- Northern District of California
- Eastern District of Texas
- Western District of Texas
Supreme Court of the United States