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

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 nationwide over a broad range of technologies, including image processing, e-commerce, Internet-based customer service, 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)

Ring & Pinion, Inc. v. ARB Corp.

Assertion of patent infringement claims on behalf of ARB Corp., designer and manufacturer of equipment for off-road vehicles. (Ongoing)

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. (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. (W.D. Wash. 2011)

Jovanovich v. Redden Marine Supply, Inc.

Successfully defended commercial fishery supplier against infringement claim involving patent covering multicolored fishing net. (2011)

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

Lead counsel to industry leader 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. (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 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. (2011)

Microscan Systems, Inc. v. Cognex Corporation

Represented barcode reader patent holder in a patent infringement litigation against competitive machine vision manufacturer. Won partial summary judgment dismissing patent infringement counterclaim; case settled. (W.D. Wash. 2010)

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. Case settled favorably. (D. Dela. 2009)

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

Represented a declaratory judgment plaintiff in patent litigation seeking declaration of non-infringement and invalidity of multiple patents directed to plant growth and metabolic regulators and stimulants. Case settled successfully. (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

Education

J.D., Lewis & Clark Law School, 2006
- Best Oral Advocate, First Year Moot Court Competition
Temple University James E. Beasley School of Law
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


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