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About Benjamin
Biography
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).
Practice Areas
Fees and Rates
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Chat withLicenses
Licensed in Arizona for 16 years
State: Arizona
Acquired: 2009
No misconduct found
Location
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Benjamin Karl Erlick's Reviews
Avvo Review Score
2 Client Reviews
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Showing 1 - 1 of 1 review | Lawsuits & Disputes
Posted by Matthew | August 08, 2014 | Lawsuits & Disputes
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 thes...
Benjamin Karl Erlick's Lawyer Endorsements
"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."
"I endorse this lawyer."
"I endorse this lawyer."
"Ben is an excellent attorney who uses his extensive knowledge of IP law to his clients' full advantage."
"Ben is a skilled and reliable attorney who has set himself apart in intellectual property matters"
"Ben is an experienced and capable attorney who gets results for his clients."
"Ben is very knowledgeable about intellectual property matters, especially issues relating to patent rights, and has good insight into client needs in this area."
"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."
"I endorse this lawyer. Excellent grasp of the law and the process both in prosecution of a patent and Patent Litigation."
"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."
"I endorse this lawyer."
"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."
"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."
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Experience
Honors
2014
Rising Star, Super Lawyers
2014
AV® Preeminent™ rating (5.0/5.0), Martindale-Hubbell
2009
CALI Award: Pre-Trial Practice, Trial Practice, CALI
2008
CALI Award: Property II, CALI
2007
CALI Award: Civil Procedure, Contracts II, Constitutional Law I, CALI
2007
CALI Award: Environmental law, CALI
2006
CALI Award: Lawyering Process I, Criminal law, CALI
2006
CALI Award: Contracts I, Civil Procedure II, CALI
1999
MBA Consulting Case Competition Winner, Arizona State University/Price Waterhouse
Work Experience
2009 - Present
Attorney, Sanders & Parks, PC
2008 - 2008
Extern, Superior Court Of Arizona
2001 - 2006
Patent Agent, Stoneman Law Offices, Ltd
1998 - 2000
Director of Business Development/Professional Engineer, Martin & Peltyn, Inc.
Associations
2013 - Present
Arizona Summit Law Alumni AssociationVice President
2009 - Present
Maricopa County Bar AssociationMember
2009 - Present
United States Patent and Trademark OfficePatent Attorney
1999 - Present
Arizona State Board of Technical RegistrationCivil P.E.
2009 - 2013
American Bar AssociationMember
2009 - 2013
PhxLaw Alumni AssociationVice President
2002 - 2009
United States Patent and Trademark OfficePatent Agent
Education
N/A
Cornell University
BS - Bachelor of Science
N/A
Arizona State University
MBA
N/A
Phoenix School of Law
JD - Juris Doctor
Speaking Engagements
2014
Sanders & Parks CLE series
Ethics rules regarding conflicts/Confidentiality
2013
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
2012
Sanders & Parks CLE series
Trademark searching
2012
PhoenixLaw guest lecturer
Intellectual Property: client goals
2011
Sanders & Parks CLE series
Conflicts of interest
2011
Sanders & Parks CLE series
Brief-writing wisdom
2011
Commercial Practice Group CLE
Unusual types of trademarks
2010
Sanders & Parks CLE series
Employer accomodations under the ADA
2009
Commercial Practice Group CLE
International trademarks and the Madrid Protocol
Publications
2008
Phoenix Law Review
Varying Levels of Protection Afforded
Languages
English
Activity
Legal Answers
Legal Answers
Q&A
Is a character of a public domain book trademarkable?
07 Jun 2013
Q&A
Can I put my own slogan on a shirt, etc. and sell it and have rights to it? For example, as the slogan 'life is good' is sold..
30 May 2013
Q&A
Is a word bubble trademarkable?
31 May 2013