R. Benjamin Cassady
Ben Cassady focuses his practice on patent litigation at U.S. district courts and before the U.S. International Trade Commission (ITC). He works on a wide variety of cases involving technologies such as smart phones, vehicle tracking systems, microprocessors, touch panels and touch screens, and user interface design.
Mr. Cassady's litigation experience includes drafting Markman briefs and preparing technical tutorials; interfacing directly with experts to draft technical reports; preparing witnesses for depositions and trial; and briefing motions on a variety of topics, including motions to dismiss, stay, sever, and transfer. He has developed tailored litigation strategies for defending clients by combining his experience with motion practice before district courts and knowledge of post-grant proceedings at the U.S. Patent and Trademark Office (USPTO).
Mr. Cassady also assists with client counseling, due diligence, and pre-litigation matters, including drafting noninfringement and invalidity opinions. He has experience preparing and drafting ex parte reexamination and
inter partes review (IPR) requests.
Mr. Cassady's technical background includes various fields such as mechanics, thermodynamics, optics, and quantum mechanics. He has significant technical knowledge in the areas of voice recognition, touch panel manufacturing, GPS systems, and other cutting-edge technologies. For example, he conducted detailed analysis of Android source code to determine the mechanisms by which users interact with the touch screens of smart phones, and he researched the development of voice recognition systems for use in consumer devices.
- Certain Portable Electronic Devices, 337-TA-721 (ITC). Represented HTC against Apple in a high-profile investigation involving power management and graphical user interfaces of mobile devices.
- Certain Automotive GPS Navigation Systems, 337-TA-814 (ITC). Represented BMW against Beacon Navigation in a complex investigation involving more than 50 automobile manufacturers concerning GPS tracking and interface technology.
- Stragent, LLC v. Pioneer Electronics (USA) Inc. (later restyled as Stragent, LLC v. BMW of North America, LLC), (E.D. Tex.). Represented BMW against Stragent in a case involving voice recognition technology that resulted in dismissal with prejudice after a favorable claim construction order.
- Beacon Navigation, GmbH v. BMW of North America, LLC, (D. Del., E.D. Mich.) Successfully obtained transfer from D. Delaware to E.D. Michigan (and, later, a stay of litigation) on behalf of BMW in cases involving GPS tracking and interface technology.
- As an undergraduate, conducted astronomy research at the Michigan-Dartmouth-MIT (MDM) Observatory in Kitt Peak, Ariz., 2004.
- Pro bono experience includes assisting with cases for the D.C. Bar Pro Bono Advocacy and Justice Clinic and representing Veterans before the Court of Appeals for Veterans' Claims.
- Regular contributor to IP Marketplace, Finnegan's monthly update on developments affecting licensing and other IP transactions
- Coauthor. "Inequitable Conduct Results from Trying to Revive a Lapsed Patent Without Investigating if It Was Intentionally Abandoned," LES Insights, Feb. 14, 2017.
- Coauthor. "Innovate Bigly?—Patent Reform Under @realDonaldTrump," Law360, Dec. 2, 2016.
- Coauthor. "Reasonable Royalty Depends on Incremental Price of a Product Attributable to Its Patented Features Rather than the Value of the Patented Features in a Vacuum," LES Insights, Nov. 1, 2016.
- Coauthor. "Avoiding Sanctions: What Petitioners and Patent Owners Should Know About the New Rules for Trial Practice and Procedure Before the PTAB," IP Litigator, July/Aug. 2016.
- Coauthor. "Making the Nonprevailing Party Pay: The Statistics of Exceptional Cases Two Years After Octane and Highmark," Landslide, July/Aug. 2016.
- Coauthor. "Testimonial Evidence in Patent Owner Preliminary Responses—It's Now Allowed, but When Is It Appropriate?," BNA's Patent, Trademark & Copyright Journal, July 6, 2016.
- Coauthor. "Recovering Attorneys' Fees for AIA Proceedings," Bloomberg BNA, June 24, 2016.
- Coauthor. "Exclusive Field of Use Licensee Must Join Patent Owner to Sue for Patent Infringement," LES Insights, June 21, 2016.
- Coauthor. "Patent Reform Beyond The Innovation Act: The TPTP Act," Law360, May 10, 2016.
- Coauthor. "Patent Reform Beyond the Innovation Act: The VENUE Act," Law360, May 9, 2016.