Ben Kelly is a partner in Baker McKenzie's award-winning global Intellectual Property practice. His practice emphasizes patent litigation, trade secret enforcement, associated business torts, and other commercial litigation primarily involving competitor cases on behalf of, or adverse to, technology companies.
Ben has managed the enforcement and protection of a wide range of technologies, particularly electrical, video display and projection, communications, and networking systems or equipment. His casework experience includes litigation at the US International Trade Commission, in international arbitration before the American Arbitration Association, and in federal district courts, including courts in Texas, Illinois, Virginia, and California.
Representative Legal Matters
Trial counsel for patent owner in a multi-product and multi-patent ITC investigation concerning 3D cinema systems, and developed 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, with responsibility for the lost profits and injunction positions. 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)
Represented defendant before the US District Court for the Eastern District of Virginia, and developed defenses for five asserted patents. All five patents were invalidated under 35 U.S.C. § 101. (E.D. Virginia)
Lead responsibility for the non-infringement 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)
- 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 small group leader, Watermark Community Church
- Volunteer, Brother Bill’s Helping Hand
- U.S. Court of Appeals, Federal 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)
- Co-presenter, “Licensing and Commercialization of Artificial Intelligence: What Attorneys Need to Know,” myLawCLE, June 2019
- “Insight: AI Regulations Aim at Eliminating Bias,” Bloomberg Law, May 2019
- “Granting AI Legal Personhood Would Be Premature,” Law360, May 2019
- “Autonomous Vehicles in the World of Intellectual Property Rights,” Bloomberg Law, October 2018
- “Attorney-Client Privilege in Patent Litigation,” State Bar of Texas IP Newsletter, August 2018