Erika R. DeCosty

Associate

Erika is a registered patent attorney with a biomedical engineering background advising innovators at the intersection of intellectual property, artificial intelligence, and consumer-facing products.

Erika DeCosty Portrait

Drawing on in-house experience managing corporate IP for AI, AR/VR, and blockchain technologies, Erika counsels technology companies and brand-forward businesses on how to protect and scale emerging products - spanning generative AI, large language models, biotechnology, wearables, digital product experiences, and fashion tech. She prepares and prosecutes domestic and international patent applications and manages global portfolios with an eye toward commercialization, brand alignment, and freedom to operate.

Erika’s practice centers on building durable IP positions for medical devices and AI- and data-driven products and for next-generation consumer experiences. She advises on patent strategy and portfolio development for medical devices and digital health; AI/ML and generative AI, including AR/VR interfaces and spatial computing for autonomous vehicles. For fashion and retail innovators, she helps align patent strategy with brand and product roadmaps, including fashion AI, smart materials and wearables, AR try-on, personalization and recommendation engines, and retail media technologies. Erika also provides IP portfolio management and prosecution strategy designed to support licensing, collaborations, and marketplace positioning for technology and consumer brands.

Industry Perspective

Erika understands how leading technology companies and consumer brands evaluate IP assets in fast-moving markets. She helps teams translate product features into protectable IP; map patent filings to brand narratives and go-to-market timing; and anticipate issues in responsible AI, and open-source usage that affect patentability and competitive positioning. 

Previous Work

Prior to joining ArentFox Schiff, Erika served as a Patent Attorney at IBM. There she managed corporate IP portfolios for both domestic and foreign matters on a wide variety of technologies including artificial intelligence, AR/VR, and blockchain. Erika has previous experience at ArentFox Schiff, serving as a legal resident extern at the firm, where she assisted partners with researching patent litigation issues, drafting of motions, and preparation of memorandums.

Life Beyond the Law

Erika is on a mission to try 250 new restaurants each year. When she is not perfecting her homemade ramen recipe, she is exploring national parks - she has visited a dozen so far - with her cream longhaired dachshund, Rigatoni. She enjoys traveling, cooking, and discovering new neighborhoods around San Francisco.

Boards, Memberships & Certifications

Certifications

  • The Fashion Law: Fashion Law Fundamentals

Memberships

  • Bar Association of San Francisco, Intellectual Property and Internet Law Section
  • ChIPs, NextGen Member
  • Practices
  • Bar & Court Admissions
    • California Bar
    • New York Bar
    • US Patent and Trademark Office
  • Education
    University of New Hampshire, Franklin Pierce School of Law, JD, 2020
    State University of New York at Buffalo, BS, 2017

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