Benjamin Karl Erlick
Intellectual Property Attorney
- Intellectual Property
- Patent Infringement
- Trademark Infringement
Benjamin Karl Erlick
Intellectual Property Attorney
Intellectual Property, Patent Infringement, Trademark Infringement, Litigation & Trademark Application
Biography
Ben practices in the areas of intellectual property law and civil litigation. His practice is primarily focused on patent litigation, trade secret, and trademark law.
Ben has been licensed to practice before the United States Patent and Trademark Office (USPTO) since 2002, initially as a Patent Agent and currently as a Patent Attorney.
Ben's intellectual property experience covers a wide variety of technical fields, including: mechanical, electromechanical, computer software, semi-conductor hardware, alternative energy, communications, medical devices, and business methods. He is a registered civil P.E. in Arizona. He also has an MBA.
Ben's patent litigation practice includes:
INFRINGEMENT ANALYSIS (evaluating whether a patent may be infringed by a product, apparatus, method, or process, etc.). This involves analyzing the scope of patent claims defined by the claim elements in conjunction with the teachings of the specification, and determining whether the alleged infringing product embodies/practices all the claimed elements of the patent.
INVALIDITY ANALYSIS (evaluating whether a facially valid and issued patent may ultimately be held invalid and unenforceable as a result of defects in the patent, such as inventorship issues, indefiniteness, anticipation or obviousness due to prior art, insufficient enablement, or other issues).
Ben counsels clients on whether there may be legal and effective ways to work around or design around particular patents to avoid infringement, or whether a patent has broad enough claims to encompass, and therefore prevent, a particular workaround.
Ben's TRADEMARK practice includes: counseling clients on legal issues to consider when creating and selecting trademarks, trademark searching to identify potential issues, registration of trademarks, and renewal of trademarks (including declarations of continued use, applications for renewal, and declarations of incontestability).
Specialties:PATENT ATTORNEY
Ben has experience in both major areas of patent practice:
PATENT PROSECUTION (including determining whether innovations may be patentable, drafting and filing applications to obtain patents in the U.S. and other countries, and responding to office actions to overcome patent examiners' rejections), and
PATENT LITIGATION (including filing/defending lawsuits involving patent infringement, or resolving patent conflicts through licensing or alternative dispute resolution).
INFRINGEMENT ANALYSIS
INVALIDITY ANALYSIS
TRADEMARK
PATENT PROSECUTION
PATENT LITIGATION
Practice Area
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Benjamin Karl Erlick
Intellectual Property, Patent Infringement, Trademark Infringement, Litigation & Trademark Application