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Overview

Ben is a registered patent attorney and focuses on complex litigation and technology counseling.

Ben's litigation experience includes managing complex civil litigation cases of all types, including post grant IP matters, patent, unfair competition, trademark and trade dress, copyright, property disputes, and breach of contract cases. He also has experience in cases involving preliminary injunctive relief.

His technology practice involves litigation and also counseling small and large companies on all types issues impacting their companies, including guiding IP prosecution efforts. He has counseled individuals and companies in services industries, manufacturing, telecommunications, software, food and consumables, petroleum refining, internet and media, and transportation.

Ben also maintains an active pro bono practice. His pro bono work includes counseling and litigation for veterans denied disability benefits, prisoners, home associations, housing disputes, and is part of the pro bono counsel for the Rare Genomics Institute.

Professional Activities

  • Seattle IP Inn of Court, Past Member
  • American Intellectual Property Law Association (AIPLA), Member
  • Washington State Bar Association
    • Washington Young Lawyers Committee, Board Member
  • American Bar Association
    • Young Lawyers Division, IP Committee, Past Chair and Vice Chair
    • Section of Intellectual Property Law, Member
    • Model Jury Instruction Committee, Member
  • King County Bar Association
    • Young Lawyers Division, Board of Trustees
    • CLE Committee, Member
  • Young Lawyers Division of the Bar Association of Metropolitan St. Louis
    • Chair, 2014
  • The Theodore McMillian American Inn of Court, Member, 2013-2014
  • Missouri Bar Leadership Academy, 2013-2014

Community Activities

  • Greater Seattle Advisory Council, Techbridge, Board Member
  • St. Louis Bar Foundation
    • Fellow, 2011-Present
    • Board of Directors, 2011-2014
  • Legal Services of Eastern Missouri, Volunteer Attorney
  • Rare Genomics Institute, Volunteer Attorney

News & Insights

News & Insights

Publications

Looking Ahead to 2017: Where Will Patent Venue Be Appropriate?” American Bar Association, Intellectual Property Litigation, February 2017

“Be Original in Briefs to Advance Your Argument and Avoid Copyright Infringement,” ABA Young Lawyers Division, Intellectual Property Law Committee Newsletter, Fall 2016

The Rise of Rule 12 Motions,” American Bar Association, October 2016

“Defend Trade Secrets Act (DTSA) Signed Into Law: Federal Law Offers Greater Protections and New Obligations for Employers,” Foster Pepper News Alert, May 2016

Courts To Police Direct Infringement Pleadings More Strictly,” Law360, November 2015

“The Federal Circuit’s Application of Alice Corp. v. CLS Bank,” Intellectual Property Litigation, ABA Section of Litigation, 2015

“Pleading Standards in Patent Infringement Cases,” ABA Young Lawyers Division Intellectual Property Committee 101 Practice Series, 2015

“New Task Force Needs Your Ideas For Selecting More Diverse Slates,” St. Louis Lawyer, October 2014

“Copyright Remedies,” ABA Young Lawyers Division Intellectual Property Committee 101 Practice Series, Spring 2014

“Local Patent Rules: A Survey of District Courts,” ABA Intellectual Property Litigation Committee, October 2013

“Paths, Reasons Lead to Pro Bono,” St. Louis Lawyer, October 2011

“Real-Time Bio-Sensors for Enhanced C2ISR Operator Performance,” Air Force Research Laboratory, Technical Report, July 2005

Presentations

“IP Basics for Filmmakers,” Washington Lawyers for the Arts, April 2019

“Tips from the Clerks of Court,” Bridging the Gap, King County Bar Association, May 2018

“Net Neutrality: Free Competition or Chaos?,” American Bar Association, May 2018

“IP And Video Games Issues: Copyrights, Trademarks, And Patents,” American Bar Association, April 2018

“Patent Trial Best Practices: What Do Judges Really Want?,” The Role of Artificial Intelligence in Patent Litigation, Daily Journal’s 2018 Patent Dispute Forum, April 2018

“Securing Ownership Rights to Employee-Created IP,” Clear Law Institute, June 2016

“Tips from the Bench,” Bridging the Gap, King County Bar Association, March 2016

“Insights from the FTC Big Data Report 2016,” Association of Corporate Counsel, February 2016

“St. Louis E-Discovery Symposium,” Bar Association of Metropolitan St. Louis, June 2014

“E-Discovery in the U.S. Federal Courts,” St. Louis E-Discovery Symposium, Bar Association of Metropolitan St. Louis, February 2012

“Surveying the E-Discovery Landscape: Local Rules and Guidelines Controlling E-Discovery in the U.S. District Courts,” St. Louis Chapter of the Association of Corporate Counsel, May 2011

Admissions

  • Washington, 2015
  • U.S. Patent and Trademark Office, 2012
  • U.S. District Court, Western District of Washington, 2015
  • U.S. District Court, Southern District of Illinois, 2012
    U.S. District Court, Eastern District of Missouri, 2009
  • U.S. District Court, Western District of Missouri, 2012
  • U.S. Court of Appeals for the 9th Circuit
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Court of Appeals for Veterans Claims

Education

  • J.D., University of Missouri School of Law, 2009
    • Missouri Environmental Law and Policy, Associate Member
    • David Ray Trial Advocacy Award recipient
    • Roscoe Anderson Award for Excellence in Advocacy recipient
  • B.A., Washington University in St. Louis, 2004

Honors & Recognition

  • Foster Pepper Pro Bono Attorney of the Year, 2017
  • Pro Bono Award, Federal Bar Association, Western District of Washington, 2017
  • Award of Merit, Bar Association of Metropolitan St. Louis, 2014
  • Legal Services of Eastern Missouri John R. Essner Young Lawyer of the Year, 2011
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