Benjamin (Ben) B. Kelly

Baker & McKenzie LLP


Ben Kelly is a partner in Baker McKenzie's award-winning global Intellectual Property practice. His practice emphasizes patent litigation, trade secret enforcement, and other commercial litigation primarily involving technology companies and their competitors.

Ben has managed the enforcement and protection of a wide range of technologies, particularly electrical, video display and projection, telecommunications systems and equipment, and software and solutions for the financial industry. His casework experience includes litigation at the US International Trade Commission, in international arbitration before the American Arbitration Association, in federal district courts, including courts in Texas, Illinois, Virginia, and California, and appeals.

Representative Legal Matters

  • Trial counsel for patent owner in a multi-product and multi-patent ITC investigation concerning 3D cinema systems, with responsibility for the infringement and domestic industry cases. After a full hearing on the merits, the Administrative Law Judge and Commission found infringement and issued an Exclusion Order applying to all accused products.

  • Secured summary judgment of invalidity based on contested prior art in a long-standing, multi-jurisdictional patent fight between two telecommunication network equipment competitors. The summary judgment decision eliminated over USD 100 million in potential damages exposure. (N.D. Illinois)

  • Represented a patent owner in an eight-patent case concerning submerged arc welding power systems. The damages and injunction allegations were largely accepted by the opposing expert witness during deposition, resulting in a favorable settlement, including an agreed injunction. (E.D. Texas)

  • On behalf of accused infringer, developed strategy resulting in a jury finding that the patent owner willfully breached its obligation to license the asserted patent on FRAND terms, which led to a court order of unenforceability. (N.D. Illinois)

  • Developed defenses for five asserted patents client was accused of infringing regarding underground utility locating software, all of which were invalidated under 35 U.S.C. § 101. (E.D. Virginia)

  • Lead responsibility for the non-infringement defenses in an international arbitration involving over 40 accused products and seven asserted patents, including presentation of the expert witness at the arbitration hearing.

  • Successfully defeated on summary judgment all claims against an international display and projection company accused of fraud, breach of fiduciary duty, and breach of contract in a case where the plaintiff sought over USD 350 million in damages. (W.D. Texas)

Professional Associations and Memberships

  • Texas Review of Law & Politics (Board of Directors)
  • Dallas Bar Association, Intellectual Property Law Section and Trial Skills Section
  • State Bar of Texas, Intellectual Property Section (Patent Committee)

Corporate Responsibility

  • Represented a veteran of Operation Iraqi Freedom to successfully obtain Combat Related Special Compensation
  • Prepared wills and related documents for West Dallas families
  • Secured permanent resident status for siblings from Honduras in a Special Immigrant Juvenile Status case, pro bono, by preparing the children for their interviews at a U.S. Citizenship and Immigration Services office, which gave them the right to adjust their citizenship status to be US citizens
  • Drafted and edited portions of Homeless Youth Handbooks to assist youth in various states
  • Mentor, Mercy Street of West Dallas
  • Member, small group leader, and children’s ministry volunteer, Watermark Community Church
  • Volunteer, Brother Bill’s Helping Hand


  • U.S. Court of Appeals, Federal Circuit~United States
  • U.S. Court of Appeals, Fifth Circuit~United States
  • U.S. District Court, Eastern District of Texas~United States
  • U.S. District Court, Northern District of Texas~United States
  • U.S. District Court, Western District of Texas~United States
  • Supreme Court of Texas~United States


  • University of Texas School of Law (JD) (2006)
  • University of Texas at El Paso (BS Electrical Engineering, cum laude) (2003)


  • English