Related Practices

Admitted to Practice

Washington, 2006
U.S. Patent and Trademark Office
U.S. District Court Western District of Washington, 2008
U.S. District Court Eastern District of Washington, 2008
U.S. Court of Appeals Federal Circuit, 2012

Benjamin J. Byer

Associate

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Seattle

T206.757.8105

F206.757.7105

Ben Byer focuses his practice on patent litigation. He has litigated before trial and appellate courts nationwide, addressing a broad range of technologies, including image processing, e-commerce, Internet-based customer service, search engine ranking algorithms, photogrammetry, electro-optical systems, Internet chat, speech recognition, laser devices, commercial fishing products, servohydraulic control systems, and automotive products. In addition, he has previous experience prosecuting patents related to software and electronics devices. Ben has a diverse technical background that includes electrical engineering, computer architecture, and atomic physics research.

Representative Experience

Allvoice Developments US, LLC v. Microsoft Corp.

Defense of Microsoft in patent infringement suit involving speech recognition interface. (W.D. Wash. Ongoing)

Eagle View Technologies, Inc. v. Aerialogics LLC

Lead counsel defending aerial measurement service provider from three patents directed to computerized system for extracting three dimensional measurements from aerial photographs and related CAD processing software. Case stayed pending Patent Office reexamination based on significant new prior art uncovered. (W.D. Wash. Ongoing)

Ring & Pinion, Inc. v. ARB Corp.

Representing patentee ARB Corp., designer and manufacturer of equipment for off-road vehicles, in defense of declaratory judgment action and infringement counterclaims with respect to a patent for a locking differential. After prevailing on claim construction issues, the plaintiff changed its effort to design around ARB’s patent; motion for summary judgment of infringement pending. (W. D. Wash. Ongoing)

Unified Messaging Solutions LLC v. Interactive One, Inc.

As lead counsel for the defendant in patent infringement lawsuit involving social network messaging, successfully obtained settlement on favorable terms. (S.D.N.Y./N.D. Ill. 2013)

Enroute Systems Corp. v. Arrivalstar S.A. et al.

Defense of software company against infringement claims of six patents by non-practicing entity. Obtained dismissal with prejudice. (W.D. of Wash. 2012)

Leatherman Tool Group, Inc. v. Coast Cutlery Corp.

Represented Leatherman Tool Group in a false advertising claim against its competitor Coast Cutlery for false statements made by Coast regarding the steel used in its knives. (2012)

Software Rights Archive, LLC v. Microsoft Corp.

Defense of Microsoft in patent infringement suit involving indexing, crawling, ranking, and service of search results and advertisements in response to end-user keyword queries. Settled case favorably shortly after service of extensive invalidity contentions (W.D. Wash. 2012)

Ergo, LLC. v. Pacific Cycle, Inc.

Prosecution of infringement claim for patent covering ergonomic bicycle seat and defense of false marking counterclaim. Successfully settled after obtaining favorable claim construction ruling. (W.D. Wash. 2011)

Illinois Tool Works, Inc. et al. v. Seattle Safety, LLC

Represented crash sled patent holder in a patent infringement, breach of contract, and unfair competition litigation against former contractor. Won partial summary judgment of infringement; case settled four days before trial. (W.D. Wash. 2011)

Jovanovich v. Redden Marine Supply, Inc.

Defense of commercial fishery supply company against infringement claim involving patent covering multicolored fishing net. After prevailing on claim construction, plaintiff voluntarily dismissed its complaint with prejudice and undertook not to sue on patent in future. (W.D. Wash. 2011)

LivePerson v. InstantService.com, Inc. and Art Technologies Group, Inc.

Defense of industry leading online services software company in patent infringement suit relating to the delivery of support and customer service over the Internet. Obtained dismissal without prejudice. (S.D.N.Y. 2011)

Main Hastings LLC v. Pitney Bowes Inc., Pitney Bowes Software Inc., and Celartem, Inc.

Defense of false patent marking claims against software developer; obtained transfer of case from Eastern District of Texas to Western District of Washington, and then successfully settled. (E.D. Tex., W.D. Wash. 2011)

Play Vision v. Dollar Tree Stores

Represent national retailer of patent, copyright, and trademark infringement suit involving various thermoplastic rubber toys. Obtained voluntary dismissal with prejudice of all claims, including court ordered monetary sanctions and attorneys’ fees against plaintiff and its counsel. 2011 WL 2292326 (W.D. Wash. 2011)

Rawlings Sporting Goods Co., Inc. v. Under Armour, Inc.

Represented Rawlings, a major sporting goods manufacturer, in litigation arising from competitor's use of design patent and trademark in advertising and promotional materials. After the court entered a preliminary injunction ordering competitor to stop and issue corrective notices, the case successfully settled. (W.D. Wash. 2011)

Vellata, LLC v. Hearst Communications, Inc. and Jenny Craig, Inc.

Defense of claims that click-to-call links on defendants' websites infringed plaintiff's patent. Case settled favorably. (C.D. Cal. 2010)

Vellata, LLC v. Yellow Book USA, Inc. et al.

Defense of Internet search provider Yellow Book against patent infringement claims involving click-to-call technology. Case settled favorably. (C.D. Cal. 2010)

Aztec Fabrication, Inc. v. Compeau's, Inc.

Represented plaintiff Aztec Fabrication, Inc., manufacturer of Phantom Jet Boats, in trademark and cybersquatting claim against former distributor. Case settled successfully. (E.D. Wash. 2009)

Digi-Net Technologies, Inc. v. Talisma Corp.

Defended software company against claim for infringement of a patent involving Internet chat system for providing customer service to website users. Case settled successfully. (W.D. Wash. 2009)

JSA Technologies, Inc. v. Informed Decisions Corp. d/b/a CASHNet

Defended payment processing software company against claim for infringement of a patent involving Internet payment and value transfer systems. After a crowd sourcing prior art search uncovered new prior art, case settled favorably. (D. Del. 2009)

Northwest Agricultural Products, Inc. v. Emerald BioAgriculture Corp.

Represented plaintiff seeking declaration of non-infringement and invalidity of multiple patents directed to plant growth and metabolic regulators and stimulants. Case settled successfully prior to claim construction. (E.D. Wash. 2009)

Additional Qualifications

Associate, Merchant & Gould P.C., Seattle, 2006-2008
Senior Research Assistant, Physics Department: Penning Trap Mass Spectrometer, University of Washington, Seattle, 2003
Research Assistant, Electrical Engineering Department: ACME Lab, University of Washington, Seattle, 2003

Professional & Community Activities

Federal Bar Association
American Intellectual Property Law Association
Washington State Patent Law Association

Professional Recognition

Named as one of “America’s Leading Lawyers for Business” in Intellectual Property (Washington) by Chambers USA, 2012
Selected to “Washington Rising Stars,” Thomson Reuters, 2012

Education

J.D., Lewis & Clark Law School, 2006
- Best Oral Advocate, First Year Moot Court Competition
Semester Law Program, Temple University James E. Beasley School of Law, 2006
B.S., Electrical Engineering, University of Washington, 2003
- Dual Specialization: Digital Systems (VLSI); Electronic Circuits and Devices
- Dean’s List
B.S., Physics, University of Washington, 2003
- Dean’s List