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Admitted to Practice

  • Washington, 2006
  • U.S. Patent and Trademark Office, 2008
  • 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

Ben Byer’s practice focuses on litigation involving patent infringement claims and cybersecurity, including biometric privacy, the Computer Fraud and Abuse Act, and related trade secret misappropriation and copyright infringement claims. He litigates before trial and appellate courts nationwide, representing clients in disputes involving cellphone hardware, cellular communication standards, tablets, image processing, payment systems, e-commerce, internet-based customer service, search engine ranking algorithms, photogrammetry, electro-optical systems, internet chat, speech recognition, laser devices, control systems, and automotive products. Ben has a diverse technical background that includes electrical engineering, computer architecture, and atomic physics research.

Representative Experience

Biometric privacy matter

Advising entity on nationwide litigation strategy involving potential violations of the Illinois Biometric Information Privacy Act based on use of voice printing technology. (Ongoing)

Smart Skins LLC. v. Microsoft

Defending Microsoft against multiple patent infringement claims targeting Surface tablets, Lumia tablets, and their removable keyboards. Successfully moved to transfer case from S.D.N.Y. to W.D. Wash., where Lumia tablets and a related patent were dismissed. Following briefing on Microsoft’s summary judgement motion, court stayed case pending an inter partes review before the Patent Office. (W.D. Wash. Ongoing)

FastVDO v. Microsoft

Defended Microsoft against patent infringement claim targeting wireless phone voice codecs. (E.D. Tex., S.D. Cal. 2017)

MasterMine, Inc. v. Microsoft

Defended Microsoft in patent infringement lawsuit involving multiple patents related to Customer Relationship Management (CRM) software. (D. Minn. 2017)

511 Innovations v. Microsoft

Represented Microsoft in patent infringement lawsuit involving family of patents allegedly targeting optical sensors used in cellular handsets. Successfully settled. (E.D. Tex. 2016)

Clean Energy Management Solutions, LLC v. Cascade Energy, Inc.

Defended Cascade Energy Inc. against patent infringement claim involving energy management information systems. Successfully negotiated dismissal of all claims before answering the complaint. (E.D. Tex. 2016)

Retrospection v. Expedia

Defended Expedia against patent infringement claims directed at webserver software responsible for customizing content delivery. Successfully settled. (E.D. Tex. 2016)

RFJ Licensing, LLC v. Icom America, Inc.

Defended Icom America Inc. against claim of patent infringement directed at linking distant two-way radio relay stations across a computer network. Obtained dismissal of all claims with prejudice. (N.D. Tex. 2016)

Phoenix Licensing v. Carnival Corp. and Phoenix Licensing v. Holland America Line

Defended Carnival Cruise Lines and Holland America Line against a non-practicing entity asserting infringement of patents related to computerized generation of customized direct marketing materials. Successfully settled. (E.D. Tex. 2013-2015)

Allvoice Developments US, LLC v. Microsoft

Defense of Microsoft in patent infringement suit involving speech recognition interface. Obtained summary judgment of non-infringement of all claim. (W.D. Wash. 2014)

Ring & Pinion, Inc. v. ARB Corp.

Represented patentee ARB Corp., a designer and manufacturer of equipment for off-road vehicles, in defense of declaratory judgment action and infringement counterclaims with respect to ARB’s patent for a locking differential. After prevailing on claim construction issues, the plaintiff changed its proposed design around ARB’s patent. Following successful appeal to the Federal Circuit, obtained summary judgment of infringement of all claims. Ring & Pinion Service Inc. v. ARB Corp. Ltd., 743 F.3d 831 (W. D. Wash.; Fed. Cir. 2014)

Eagle View Technologies, Inc. v. Aerialogics LLC

Defended aerial measurement service provider against infringement suit on three patents directed to computerized system for extracting three dimensional measurements from aerial photographs. Case stayed pending Patent Office reexamination based on significant new prior art uncovered. (W.D. Wash. 2012-2013)

Source Vagabond Systems v. Hydrapak, Inc.

Obtained summary judgment of non-infringement on behalf of patent infringement defendant, based on motion filed three months after suit filed, as well as a complete stay on discovery and recovery of $200,000 in Rule 11 sanctions. Also served as lead counsel on appeal, where grant of summary judgment was affirmed in its entirety. (S.D.N.Y. 2012; Fed. Cir. 2013)

Unified Messaging Solutions LLC v. Interactive One, Inc.

Represented 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. (D. Or. 2011-2012)

Software Rights Archive, LLC v. Microsoft

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 claim for infringement of patent covering ergonomic bicycle seat and defense of false marking counterclaim. Successfully settled after obtaining favorable claim construction ruling. (W.D. Wash. 2009-2011)

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. 2010-2011)

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

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

Play Vision v. Dollar Tree Stores

Represented national retailer in defense 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 infringement and cybersquatting claim against terminated 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 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

  • Director, The Seattle Intellectual Property American Inn of Court
  • Federal Bar Association
  • American Intellectual Property Law Association
  • Washington State Patent Law Association

Professional Recognition

  • Listed as an "Associate to Watch" in Intellectual Property (Washington) by Chambers USA, 2012-2015; Listed as "Up and Coming" in Intellectual Property (Washington), 2016-2017
  • Selected to "Washington Rising Stars," Thomson Reuters, 2012-2016
"Clients describe him as 'extremely responsive' and 'very articulate.'" -Chambers USA 2017
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