Benjamin (Ben) B. Kelly
Biography
Ben is a litigator with deep experience counseling clients through every step of litigation — particularly helping them persuasively tell their stories to juries in federal and state courts around the country.
As one recent example, Ben and a small discovery and trial team represented three plaintiffs who had suffered catastrophic personal injuries. After a four-week trial, the jury found the defendant liable on all claims and awarded a record-setting jury verdict of more than USD 1.5 billion.
Moreover, Ben has nearly two decades of experience as an intellectual property litigator focusing on patents, trade secrets, and other complex commercial litigation involving technology disputes.
Ben has led or managed disputes across a broad range of technologies, particularly electrical systems, video displays and projectors, telecommunications systems and equipment, and software for use in a variety of industries, including the financial industry and for email filtering by cybersecurity companies. He has significant experience that includes every phase of litigation and trial in federal court, including in Texas, Illinois, Virginia, California, Pennsylvania, and Kentucky; in Section 337 investigations before the US International Trade Commission (ITC); in international arbitrations; in state courts, including Delaware, Missouri, and Arkansas; and has been responsible for authoring numerous appellate briefs leading to the appellate court affirming victories on appeal. Representative clients, cases or matters.
Representative Legal Matters
- Successful representation of three plaintiffs suffering catastrophic personal injuries. After a four-week trial, the jury found the defendant liable for all claims and awarded over USD 1.5 billion in damages. (Missouri state court)
- 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 where the plaintiff sought over USD 350 million in damages. (W.D. Texas.) Ben drafted all appellate briefs, and the victory was affirmed. (5th Circuit Court of Appeals)
- Trial counsel for patent owner in a multiproduct and multipatent 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, multijurisdictional patent fight between two telecommunication network equipment competitors. The summary judgment decision eliminated over USD 100 million in alleged damages exposure. (N.D. Illinois)
- 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.
- Represented a patent owner in an eight-patent case concerning submerged arc welding power systems. Key allegations necessary to establish damages and an injunction were generally conceded 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)
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)
- Federal Circuit Bar Association, Global Fellows Program (2019-2020)
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 US 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
- Volunteer Mentor, Mercy Street of West Dallas
- Member, small group leader, and children’s ministry volunteer, Watermark Community Church
- Volunteer, Brother Bill’s Helping Hand
Admissions
- 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
Education
- University of Texas School of Law (JD) (2006)
- University of Texas at El Paso (BS Electrical Engineering, cum laude) (2003)
Languages
- English