Benjamin J. Byer
Partner
Ben Byer resolves disputes involving technology. This often includes litigating patent infringement claims and cybersecurity issues, 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.
Practice Highlights
Patent litigation
Technology
Biometric privacy
Champion Power Equipment, Inc. v. Firman Power Equipment, Inc.
Defending Firman from claims that its products infringe thirteen patents concerning multifuel portable power generators. (D. Az. Ongoing)
Institute for Environmental Health, Inc. v. National Beef Packing Company, LLC
Represented IEH in a suit asserting patents covering methods for testing for microbial contamination. Successfully resolved matter. (D. Del. 2025)
Surendra Goel v. Microsoft Corporation
Defended Microsoft from claims of patent infringement related to video conferencing software. Successfully resolved matter. (W.D. Wash., 2024)
ScanComm LLC v. MediaLab.AI Inc.
Defended MediaLab.AI from claims of patent infringement claims related to a social media platform's alleged use of scanning technology. Successfully resolved matter. (E.D.N.Y. 2024)
Contour Data Solutions LLC Litigation. v. Gridforce Energy Management LLC; NAES Corp., et al.
Defended energy management company, Gridforce Energy Management LLC, and its parent entity, NAES Corp., from claims that Gridforce misappropriated trade secrets, breached the parties' contract, and violated hacking laws when Gridforce terminated its previous IT vendor, Contour Data Solutions, and moved its datacenter. Succeeded at summary judgment and plaintiff dismissed all remaining claims. (E.D. Pa.2024)
Admitted to Practice
- U.S. Patent and Trademark Office, 2008
- Washington, 2006
- U.S. District Court, Eastern District of Texas, 2016
- U.S. Court of Appeals, Federal Circuit, 2012
- U.S. District Court, Western District of Washington, 2008
- U.S. District Court, Eastern District of Washington, 2008
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
Memberships & Affiliations
- Former President, The Seattle Intellectual Property American Inn of Court
- Federal Bar Association
- American Intellectual Property Law Association
- Washington State Patent Law Association
Professional Recognition
- Named one of "America's Leading Lawyers for Business" by Chambers USA in Intellectual Property (Washington), 2021-2025; Listed as "Up and Coming" in Intellectual Property (Washington), 2016-2017; Listed as an "Associate to Watch" in Intellectual Property (Washington), 2012-2015
- Named one of the "Best Lawyers in America" by Best Lawyers in Litigation - Intellectual Property, 2020-present
- Selected to "Washington Rising Stars," Thomson Reuters, 2012-2016
Background
- 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