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Benjamin Karl Erlick

Intellectual property Attorney

5.0   2 reviews
  • Licensed for 14 years
    State AZ
    Acquired 2009
    Status
    Active No misconduct found

We have not found any instances of professional misconduct for this lawyer.

About Benjamin

Learn Benjamin’s areas of practice.

5
Practice areas
  1. Intellectual property
    40%
    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.

  2. Patent infringement
    20%
    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).

  3. Trademark infringement
    20%
    Ben's trademark practice includes both filing lawsuits on behalf of trademark registrants to protect their intellectual property rights, as well as defending claims of infringement.

  4. Litigation
    10%
    Including: Construction Defect, Intellectual Property, Business/Commercial.

  5. Trademark application
    10%
    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 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).

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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Location

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Reviews

5.0 / 5.0
  2 customer reviews
5 Star
 
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Posted by Chad | October 1, 2014
Ben Erlick is a very bright star amongst those practicing law.
Ben is an outstanding attorney with a very rare ability to take the time to fully listen and understand the client's perspective and opinions. Having worked with many attorneys throughout my business career, I have come to really appreciate an attorney that is humble and cares to consider a lauman's perspective. Too often, an attorney is quick to jump to conclusions and form erroneous opinions because the attorney is arrogant and incapable of realizing the value of listening to a client. Ben is the epitome of a gentleman and a scholar. I highly recommend Ben and value his input and advice.
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Posted by Matthew | August 8, 2014
Ben Erlick is a great attorney
Ben was a pleasure to deal with. He took our case and gave it the attention we felt that it deserved. His manner was professional and his billing was fair, but what really sets him apart is the intelligence and the focus that he brings to the job. I suppose, most importantly to anyone reading these reviews, he brought us a favorable outcome in our matter. Most importantly to us, however, he brought it fairly, diligently, and professionally.
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Cost

We have not found any cost information for this lawyer

Resume

AVVO RATING 9.4 (Superb)

Work Experience

  • 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
View all work experience

Education

  • Cornell University
  • BS - Bachelor of Science
  • N/A
  • Arizona State University
  • MBA
  • N/A
  • Phoenix School of Law
  • JD - Juris Doctor
  • N/A

Associations

  • 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
View all associations

Languages Spoken

  • English

Honors and Awards

  • 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
View all awards

Publications

  • Phoenix Law Review
  • Varying Levels of Protection Afforded
  • 2008

Speaking Engagements

  • 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
View all speaking engagements

Attorney endorsements

Received (13)
Given (6)
Endorse Benjamin
Unknown Attorney | Feb 20
Relationship: Fellow lawyer in community
"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."
Unknown Attorney | Feb 20
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Intellectual property Attorney | Feb 19
Relationship: Fellow lawyer in community
"I endorse this lawyer."
Intellectual property Attorney | Aug 12
Relationship: Co-worker
"Ben is an excellent attorney who uses his extensive knowledge of IP law to his clients' full advantage."
Intellectual property Attorney | Aug 11
Relationship: Co-worker
"Ben is a skilled and reliable attorney who has set himself apart in intellectual property matters"
Litigation Attorney | Aug 07
Relationship: Worked together on matter
"Ben is an experienced and capable attorney who gets results for his clients."
Intellectual property Attorney | Aug 07
Relationship: Supervised lawyer
"Ben is very knowledgeable about intellectual property matters, especially issues relating to patent rights, and has good insight into client needs in this area."
Intellectual property Attorney | Aug 07
Relationship: Co-worker
"Ben is an outstanding lawyer who is capable of working on the most complex case. He has achieved superior results and has earned the trust of his clients."
Intellectual property Attorney | Aug 07
Relationship: Worked together on matter
"I endorse this lawyer. Excellent grasp of the law and the process both in prosecution of a patent and Patent Litigation."
Intellectual property Attorney | Aug 07
Relationship: Co-worker
"Ben is a top-notch intellectual property attorney because he can navigate the complex waters of intellectual property law while simultaneously simplifying these concepts for business and technology professionals seeking his assistance."
Intellectual property Attorney | Aug 07
Relationship: Co-worker
"I endorse this lawyer."
Litigation Attorney | Nov 12
Relationship: Fellow lawyer in community
"Ben is a dedicated, tireless advocate. Clients can count on Ben to discover innovative and lasting solutions to their issues. I wholeheartedly endorse his practice."
Intellectual property Attorney | Jun 25
Relationship: Supervised lawyer
"Ben has proven himself over the last several years to be an outstanding IP lawyer. His engineering degree and keen analytical skills serve him well."
View more endorsements