Of Counsel
Ben'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).
Ben 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.
Ben's technical background includes various fields, such as mechanics, thermodynamics, optics, and quantum mechanics. As an undergraduate, he conducted astronomy research at the Michigan-Dartmouth-MIT (MDM) Observatory in Kitt Peak, Arizona. Ben 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.
Ben's 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.
1:20-cv-00510, D. Del., Judge Wolson
1:23-cv-00005, D. Del., Judge Wolson
IPR2023-00333, -00334, PTAB
22-2062 , Fed. Cir.
IPR2021-00417, -00418, -00419, PTAB, Judges Galligan, Repko, White
Stragent, LLC v. BMW of North America, LLC
Defended BMW against Stragent in a patent infringement case involving voice recognition technology that resulted in dismissal with prejudice after a favorable claim construction order.
6:11-cv-00278, E.D. Tex., Judges Davis, Love
Beacon Navigation, GmbH v. BMW of North America, LLC
Successfully obtained transfer of patent infringement lawsuit 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.
1:11-cv-00930, -00931, D. Del., Judge Sleet
2:13-cv-11407, -11410, E.D. Mich., Judges Duggan, Roberts, Grand, Randon
Liberty Access Technologies Licensing LLC v. ASSA ABLOY AB et al.
2:22-cv-00507, E.D. Tex., Judge Gilstrap
2:22-cv-0318, E.D. Tex., Judge Gilstrap
1:23-cv-00756, N.D. Ill., Judge Kocoras
IPR2023-00815, -00816, -00817, PTAB
337-TA-1267, ITC, Judge Bhattacharyya
Omega Patents LLC v. BMW of North America LLC
22-2012, Fed. Cir., Judges Hughes, Reyna, Stark
IPR2021-00181, PTAB, Judges Deshpande, Hagy, Wieker
1:20-cv-01907, N.D. Ga., Judge Grimberg
1:21-cv-00030, D. Del., Judge Bryson
Event
Obtaining Section 1782 Discovery in Patent Litigation Outside the U.S.: Key Considerations and Circuit Split Obtaining Section 1782 Discovery in Patent Litigation Outside the U.S.: Key Considerations and Circuit Split
May 25, 2023
Webinar
Event
1782 U.S. Discovery: Strategic Gathering of Evidence for Imminent or Pending European (Patent) Litigation 1782 U.S. Discovery: Strategic Gathering of Evidence for Imminent or Pending European (Patent) Litigation
March 13, 2023
Munich
Articles
Debunking Patent Myths on Aerospace Innovations Debunking Patent Myths on Aerospace Innovations
February 24, 2023
Aerospace Manufacturing and DesignArticles
Circuit Split Complicates US Discovery in Foreign Tribunals Circuit Split Complicates US Discovery in Foreign Tribunals
February 22, 2023
Law360Articles
Ruling Highlights GDPR Best Practices in U.S. Discovery Ruling Highlights GDPR Best Practices in U.S. Discovery
September 9, 2022
Law360Press Release
Finnegan Secures Another Patent Victory for BMW Group in the District of Delaware Finnegan Secures Another Patent Victory for BMW Group in the District of Delaware
February 27, 2024
Press Release
Finnegan Secures Third Straight Victory for BMW Group Against Patent Assertion Entity Finnegan Secures Third Straight Victory for BMW Group Against Patent Assertion Entity
February 6, 2024
Press Release
Finnegan and BMW Successfully Dismantle Non-Practicing Entity’s Efforts Finnegan and BMW Successfully Dismantle Non-Practicing Entity’s Efforts
August 23, 2023
Press Release
32 Finnegan Attorneys Recognized by Best Lawyers 32 Finnegan Attorneys Recognized by Best Lawyers
August 17, 2023
Best LawyersPress Release
Finnegan and BMW Put an End to Patent Assertion Entity Stragent’s Long-Running Trolling Efforts Finnegan and BMW Put an End to Patent Assertion Entity Stragent’s Long-Running Trolling Efforts
May 5, 2023
Media Mention
Patent Biz Can't Save IP Case Against BMW, Judge Says Patent Biz Can't Save IP Case Against BMW, Judge Says
December 15, 2022
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