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Benjamin Karl Erlick

Benjamin Karl Erlick

Practice areas:

Intellectual Property, Patent Infringement, Trademark Infringement, Trademark Application, Litigation

About Me

Ben practices in the areas of intellectual property law and civil litigation. His practice is primarily focused on patent litigation, trade secret, and trademark law.

Ben has been licensed to practice before the United States Patent and Trademark Office (USPTO) since 2002, initially as a Patent Agent and currently as a Patent Attorney.

Ben's intellectual property experience covers a wide variety of technical fields, including: mechanical, electromechanical, computer software, semi-conductor hardware, alternative energy, communications, medical devices, and business methods. He is a registered Professional Engineer (P.E.) in Arizona in civil engineering. He also has an MBA.

Ben's patent litigation practice includes:

INFRINGEMENT ANALYSIS (evaluating whether a patent may be infringed by a product, apparatus, method, or process, etc.). This involves analyzing the scope of patent claims defined by the claim elements in conjunction with the teachings of the specification, and determining whether the alleged infringing product embodies/practices all the claimed elements of the patent.

INVALIDITY ANALYSIS (evaluating whether a facially valid and issued patent may ultimately be held invalid and unenforceable as a result of defects in the patent, such as inventorship issues, indefiniteness, anticipation or obviousness due to prior art, insufficient enablement, or other issues).

Ben counsels clients on whether there may be legal and effective ways to work around or design around particular patents to avoid infringement, or whether a patent has broad enough claims to encompass, and therefore prevent, a particular workaround.

Ben's TRADEMARK practice includes: counseling clients on legal issues to consider when creating and selecting trademarks, trademark searching to identify potential issues, registration of trademarks, and renewal of trademarks (including declarations of continued use, applications for renewal, and declarations of incontestability).

Specialties:PATENT ATTORNEY

Ben has experience in both major areas of patent practice:

PATENT PROSECUTION (including determining whether innovations may be patentable, drafting and filing applications to obtain patents in the U.S. and other countries, and responding to office actions to overcome patent examiners' rejections), and

PATENT LITIGATION (including filing/defending lawsuits involving patent infringement, or resolving patent conflicts through licensing or alternative dispute resolution).

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Photos and Videos

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Practice Areas

Licensed since 2009

  1. Intellectual Property: 40%
  2. Trademark Infringement: 20%
  3. Patent Infringement: 20%
  4. Litigation: 10%
  5. Trademark Application: 10%

Payment

Payment Types:

Cash, Check

Attorney Endorsements

13 total 

  • Amanda L. Carroll Flores

    I endorse this lawyer. Ben and I attended law school together. Ben is a very intelligent, thoughtful attorney who provides strong, effective representation for his clients. I happily refer over any intellectual property clients to Ben without hesitation.

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    Amanda Carroll Flores Estate Planning Attorney
    Relationship: Fellow lawyer in community

  • Jessica Lindsey Crowley

    I endorse this lawyer.

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    Jessica Crowley Child Custody Attorney
    Relationship: Fellow lawyer in community

Contact Info

Sanders & Parks PC

3030 N 3rd St Ste 1300
Phoenix, AZ, 85012-3099

Resume

License
StateStatusAcquiredUpdated
AZActive 200902/13/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Rising StarSuper Lawyers2014
AV® Preeminent™ rating (5.0/5.0)Martindale-Hubbell2014
CALI Award: Pre-Trial Practice, Trial PracticeCALI2009
CALI Award: Property IICALI2008
CALI Award: Civil Procedure, Contracts II, Constitutional Law ICALI2007
CALI Award: Environmental lawCALI2007
CALI Award: Lawyering Process I, Criminal lawCALI2006
CALI Award: Contracts I, Civil Procedure IICALI2006
MBA Consulting Case Competition WinnerArizona State University/Price Waterhouse1999

Work Experience
TitleCompany NameDuration
AttorneySanders & Parks, PC2009 - Present
ExternSuperior Court Of Arizona2008 - 2008
Patent AgentStoneman Law Offices, Ltd2001 - 2006
Director of Business Development/Professional EngineerMartin & Peltyn, Inc.1998 - 2000

Associations
Association NamePosition NameDuration
Arizona Summit Law Alumni AssociationVice President2013 - Present
American Bar AssociationMember2009 - 2013
Maricopa County Bar AssociationMember2009 - Present
PhxLaw Alumni AssociationVice President2009 - 2013
United States Patent and Trademark OfficePatent Attorney2009 - Present
United States Patent and Trademark OfficePatent Agent2002 - 2009
Arizona State Board of Technical RegistrationProfessional Engineer1999 - Present

Publications
Publication NameTitleDate
Phoenix Law ReviewVarying Levels of Protection Afforded2008

Education
School NameMajorDegreeGraduated
Cornell UniversityCivil/Environmental EngineeringBS - Bachelor of ScienceN/A
Arizona State UniversityBusiness AdministrationMBAN/A
Phoenix School of LawLawJD - Juris DoctorN/A

Speaking Engagements
Conference NameTitleDate
Sanders & Parks CLE seriesEthics rules regarding conflicts/Confidentiality2014
Sanders & Parks CLE seriesRule 26(c) Protective Orders2013
Sanders & Parks CLE seriesRecovering attorneys' fees2013
PhoenixLaw guest lecturerPatent drafting2013
Arizona Summit Law School guest lecturerPatent Law2013
Sanders & Parks CLE seriesTrademark searching2012
PhoenixLaw guest lecturerIntellectual Property: client goals2012
Sanders & Parks CLE seriesConflicts of interest2011
Sanders & Parks CLE seriesBrief-writing wisdom2011
Commercial Practice Group CLEUnusual types of trademarks2011
Sanders & Parks CLE seriesEmployer accomodations under the ADA2010
Commercial Practice Group CLEInternational trademarks and the Madrid Protocol2009