Benjamin (Ben) B. Kelly

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)