Partner
Ben handles intellectual property disputes before the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (USPTO), in U.S. district courts, and before the U.S. Court of Appeals for the Federal Circuit. He has served as backup counsel in over 40 inter partes review (IPR) proceedings and has advised on numerous others. At the trial level, his experience includes pre-suit investigation, complex fact and expert discovery, claim construction, motions practice, trial preparation,cross-examination of technical experts at trial, and post-trial briefing. At the appellate level, Ben has experience arguing before the Federal Circuit, preparing appeal briefs, and providing strategic advice regarding appeals.
Cases he works on involve many different technologies, including mechanical, electrical, and medical device technologies. Representative examples include orthopedic implants, robotic systems for medical procedures, medical fluid waste management systems, gas turbofan engines, commercial aviation lavatories, fire sprinkler systems, and robotic vacuum cleaners. In addition, prior to law school, Ben gained technical experience in upstream and downstream oil and gas production during internships for Shell Oil Company and Shell International Exploration and Production.
Capital Pro Bono Honor Roll, 2017, 2019.
Auris Health, Inc. v. Intuitive Surgical Operations
Represented Intuitive Surgical Operations on appeals from petitions for inter partes review (IPR) filed by Auris Health, Inc.
21-1473, -1732, -1733, Fed. Cir., Judges Prost, Dyk, Reyna
IPR2019-01173, -01533, -01547, PTAB, Judges Franklin, Hulse, Jenks, Worth, Yang
General Electric Co. v. United Technologies Corp.
IPR2016-00855, -00862, -01286, -01287, IPR2017-00425, 00428, -00999, IPR2019-01489, PTAB, Judges Jung, Rice, Wood, Daniels, Weatherly, Hoskins
Zimmer Surgical, Inc. et al. v. Stryker Corporation et al.
1:16-cv-00679, D. Del., Judges Andrews, Thynge
South-Tek Systems, LLC v. Engineered Corrosion Solutions, LLC
Argued in one appeal, served as backup counsel in another Federal Circuit appeal, and further served as backup counsel in multiple inter partes reviews on patent owner Engineered Corrosion Solutions’ innovative corrosion-prevention technology for fire protection systems.
18-1685, 17-2297, Fed. Cir., Judges Dyk, Hughes, O'Malley
IPR2018-00991, IPR2016-00136, PTAB, Judges Grossman, Plenzler, Saindon
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