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 civil P.E. in Arizona. 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).
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).
Are you an attorney? Endorse this lawyer
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.
Amanda Carroll Flores Estate planning Attorney
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|Award name||Grantor||Date granted|
|Rising Star||Super Lawyers||2014|
|AV® Preeminent™ rating (5.0/5.0)||Martindale-Hubbell||2014|
|CALI Award: Pre-Trial Practice, Trial Practice||CALI||2009|
|CALI Award: Property II||CALI||2008|
|CALI Award: Civil Procedure, Contracts II, Constitutional Law I||CALI||2007|
|CALI Award: Environmental law||CALI||2007|
|CALI Award: Lawyering Process I, Criminal law||CALI||2006|
|CALI Award: Contracts I, Civil Procedure II||CALI||2006|
|MBA Consulting Case Competition Winner||Arizona State University/Price Waterhouse||1999|
|Attorney||Sanders & Parks, PC||2009 - Present|
|Extern||Superior Court Of Arizona||2008 - 2008|
|Patent Agent||Stoneman Law Offices, Ltd||2001 - 2006|
|Director of Business Development/Professional Engineer||Martin & Peltyn, Inc.||1998 - 2000|
|Association name||Position name||Duration|
|Arizona Summit Law Alumni Association||Vice President||2013 - Present|
|Maricopa County Bar Association||Member||2009 - Present|
|United States Patent and Trademark Office||Patent Attorney||2009 - Present|
|Arizona State Board of Technical Registration||Civil P.E.||1999 - Present|
|American Bar Association||Member||2009 - 2013|
|PhxLaw Alumni Association||Vice President||2009 - 2013|
|United States Patent and Trademark Office||Patent Agent||2002 - 2009|
|Phoenix Law Review||Varying Levels of Protection Afforded||2008|
|Cornell Law School||Civil/Environmental Eng.||BS - Bachelor of Science||N/A|
|Arizona State University||Business Administration||MBA||N/A|
|Phoenix School of Law||Law||JD - Juris Doctor||N/A|
|Sanders & Parks CLE series||Ethics rules regarding conflicts/Confidentiality||2014|
|Sanders & Parks CLE series||Rule 26(c) Protective Orders||2013|
|Sanders & Parks CLE series||Recovering attorneys' fees||2013|
|PhoenixLaw guest lecturer||Patent drafting||2013|
|Arizona Summit Law School guest lecturer||Patent Law||2013|
|Sanders & Parks CLE series||Trademark searching||2012|
|PhoenixLaw guest lecturer||Intellectual Property: client goals||2012|
|Sanders & Parks CLE series||Conflicts of interest||2011|
|Sanders & Parks CLE series||Brief-writing wisdom||2011|
|Commercial Practice Group CLE||Unusual types of trademarks||2011|
|Sanders & Parks CLE series||Employer accomodations under the ADA||2010|
|Commercial Practice Group CLE||International trademarks and the Madrid Protocol||2009|