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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

  • American Bar Association
    • Young Lawyers Division, IP Committee, Past Chair and Vice Chair
    • Section of Intellectual Property Law, Member
    • Model Jury Instruction Committee, Member
  • American Intellectual Property Law Association (AIPLA), Member
  • King County Bar Association
    • Young Lawyers Division, Board of Trustees
    • CLE Committee, Member
  • Legal Services of Eastern Missouri, Volunteer Attorney
  • Missouri Bar Leadership Academy, 2013-2014
  • Rare Genomics Institute, Volunteer Attorney
  • Seattle IP Inn of Court, Past Member
  • St. Louis Bar Foundation
    • Fellow, 2011-Present
    • Board of Directors, 2011-2014
  • The Theodore McMillian American Inn of Court, Member, 2013-2014
  • Washington Lawyers for the Arts, Board Member
  • Washington State Bar Association
    • Washington Young Lawyers Committee, Board Member
  • Young Lawyers Division of the Bar Association of Metropolitan St. Louis
    • Chair, 2014

Community Activities

  • Techbridge Girls, Pacific Northwest Advisory Council, Board Member
  • St. Louis Bar Foundation
    • Fellow, 2011-Present
    • Board of Directors, 2011-2014

Experience

Experience

Representative Litigation: Intellectual Property

  • Represented a personal transportation device company against patent infringement claims in District Court and the ITC. Settled after proving non-infringement with a consent decree that allowed the company to keep selling.
  • Represented a personal transportation device company asserting claims of patent infringement on a utility patent and multiple design patents. Defeated an early IPR claim at the Patent Trial and Appeal Board before institution.
  • Represented local fishing manufacturing company against claims of patent infringement and unfair competition, as well as in obtaining insurance coverage. Settled after mediation with the client continuing its manufacturing and sales unchanged.
  • Represented large national association bringing pre-emptive IPR and District Court claims on behalf of its members attacked by a Patent Assertion Entity. Resulted in a settlement protecting all members of the national association.
  • Represented marketing company accused of unfair competition and both design and utility patent infringement. Cases resolved after mediation through settlement and advised on successful redesign of product to allow client to continue selling.
  • Represented regional grocery chain accused of copyright infringement. Negotiated a successful settlement and license to let client continue using the same marketing.
  • Represented local and national financial analysts accused of infringing copyrights in financial planning materials. Settled after mediation.
  • Represented manufacturer and national retailer of bedding accused of copyright infringement. Settled after mediation and a detailed apportionment analysis.
  • Represented coffee company in a trademark licensing arbitration. Won on all affirmative claims, defeated all claims against the coffee company, and received a grant of attorneys’ fees in addition to other affirmative relief.
  • Represented local fishing product manufacturer against a large national manufacturer infringing their trademark. Settled after having the national company stop using the client’s mark.
  • Represented local internet company asserting and defending claims at the Trademark Trial and Appeal Board and in District Court involving trademark infringement, cybersquatting, and libel claims.
  • Represented company in a trademark dispute and successfully defeated attempts to compel arbitration in District Court and the 9th Circuit.

Representative Litigation: Commercial

  • Represented software company in a licensing dispute arbitration to a favorable settlement between licensee and licensor.
  • Represented large transportation company asserting multiple claims including breach of fiduciary duty and breach of contract around a marketing contract to a favorable settlement.
  • Represented local company regarding breach of contract and ownership claims of water rights.
  • Represented a personal transportation device company against claims of breach of contract for a technology license agreement.
  • Represented local fishing manufacturing company against claims of patent infringement and unfair competition. Also assisted client in obtaining insurance coverage. Settled after mediation with the client continuing its manufacturing and sales unchanged.
  • Represented local outdoor company against a company committing unfair competition and various libelous statements as well as accusing the company of patent and trade dress infringement. Reached an early settlement allowing the client to continue its sales and ending negative statements about the client.
  • Represented marketing company accused of unfair competition and both design and utility patent infringement. Cases resolved after mediation through settlement and advised on successful redesign of product to allow client to continue selling.

Technology Transactions

  • Represented local smart technology company in portfolio acquisition due diligence for a portfolio and acquisition of over $40 Million.
  • Represented multiple companies in technology acquisition licensing transactions ranging from records management, SaaS, video conference, and product sales software.
  • Represent local artist in negotiating copyright ownership of greeting card designs.
  • Represent local technology companies guiding their patent and trademark prosecution efforts
  • Represent local architecture company in patent prosecution and IP disputes.

Representative Pro Bono Matters

  • Represented multiple veterans pursuing claims of errors in denials of disability benefits at the Court of Veterans Claims. All cases to date have resulted in favorable remand back to the VA.
  • Represented local housing group when accused of trademark infringement for a local festival.
  • Counsel artists and arts organizations in issues related to protecting their intellectual property.
  • Represented renters in actions against landlords in eviction cases.

News & Insights

Admissions

  • Washington
  • U.S. Patent and Trademark Office
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Southern District of Illinois
    U.S. District Court, Eastern District of Missouri
  • U.S. District Court, Western District of Missouri
  • 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
  • U.S. Supreme Court

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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