Main Menu


Erik Fountain is an associate in McKool Smith's Dallas office. He focuses his practice on intellectual property and complex commercial litigation. While attending law school, he was a law clerk in the Civil Litigation Division in the United States Attorney's Office. He also held an internship with Cisco, where he worked with in-house counsel on matters related to intellectual property licensing and commercial litigation. Erik was an Articles Editor on the SMU Law Review.

In 2016, Erik left private practice to serve as a law clerk to the Honorable J. Rodney Gilstrap in the United States District Court for the Eastern District of Texas, Marshall Division. During his clerkship, Erik gained invaluable experience assisting Judge Gilstrap manage one of the busiest civil dockets in the country.

Prior to attending law school, Erik was an account manager at Qualtrics, where he negotiated software licensing agreements with large companies in a wide range of industries.

Erik is proficient in Japanese.


Representative Matters

  • HTC v. Ericsson. Represented Ericsson in a lawsuit filed by HTC in the Western District of Washington alleging that Ericsson failed to comply with its FRAND obligation. The case was transferred to the Eastern District of Texas, where a jury found that Ericsson’s offers to HTC complied with FRAND.  
  • Rovi/TiVo v. Comcast.  Represented Rovi/TiVo in a patent infringement dispute against Comcast, Arris, and Technicolor involving interactive program guides and related functionality. Erik argued on behalf of Rovi at the Markman hearing before the ITC.
  • Unwired Planet v. Apple. Represented Unwired Planet in a patent infringement lawsuit in the Northern District of California regarding speech recognition, app downloading, location services, and push messaging technologies. The case settled just hours before opening statements.
  • Nokia v. Apple. Represented Nokia in its global licensing dispute with Apple comprising two district court cases and one ITC case asserting 8 H.264 standard essential patents and 10 wireless implementation patents. The dispute settled prior to trial on confidential terms.
  • Freddie Mac v. Deloitte. Represented Freddie Mac in litigation against Deloitte in which Freddie Mac alleged over $1 billion in damages resulting from Deloitte’s flawed audits of Taylor Bean & Whitaker Mortgage Corp. (TBW), which was the largest independent mortgage lender in the United States that collapsed into bankruptcy in 2009. The litigation settled on the eve of trial.
  • Ericsson v. Apple. Represented Ericsson in its patent infringement dispute against Apple comprising two ITC investigations, six U.S. District Court cases, and numerous international cases. The matter settled confidentially after the first ITC hearing and shortly before the first of a series of district court trials alleging patent infringement and seeking a declaration that Ericsson had complied with FRAND with regard to its cellular standard essential and implementation patents.
  • American Brownfield, MCIC v. Triumph Aerostructures. Represented American Brownfield in a breach of contract matter against aerospace manufacturer Triumph concerning the Naval Weapons Industrial Reserve Plant in Dallas County.


Rankings & Honors

  • Named a Texas "Rising Star" by Super Lawyers, 2019
  • Recognized in Best Lawyers in America as "Ones to Watch" for Intellectual Property, 2020

Media & Events


J.D., magna cum laude, Southern Methodist University Dedman School of Law, 2015

  • Order of the Coif

B.A., Political Science, Brigham Young University, 2010


  • Hon. J. Rodney Gilstrap, U.S. District Court, Eastern District of Texas

Court Admissions

  • State of Texas
  • The U.S. District Courts for the Eastern, Northern, and Southern Districts of Texas
  • The U.S. Courts of Appeals for the Fifth and Federal Circuits
Back to Page