Benjamen E. Kern Photo

Benjamen E. Kern

Partner
Vice-Chair, Innovations, Information Technology & Intellectual Property (3iP) Practice Group
  • T:614.223.9363
  • F:614.223.9330
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Benjamen Kern is a registered patent attorney. He has served as in-house IP counsel and has many years of private practice experience.

Benjamen's practice is presently evenly divided between preparation and prosecution of patent applications and litigation of various types of disputes.

His experience in patent preparation and prosecution spans various technologies, including mechanical and medical device technology, chemistry and chemical engineering technology, biochemistry and biotechnical technology, laser science, and energy-generation and environmental technology.

Benjamen's litigation experience is equally diverse. He has significant experience in patent litigation involving various technologies, including chemical cases, mechanical cases, and laser-related cases. In relation to his intellectual property litigation practice, Benjamen regularly advises clients regarding patent infringement, validity, and enforcement issues. This frequently involves preparing freedom to operate, right-to-sue, and other advisory opinions.

Benjamen also has extensive experience successfully defending consumer-related class action litigation, with an emphasis on Telephone Consumer Protection Act (TCPA) litigation. For example:

  • In Donaca v. DISH Network L.L.C., No. 11-cv-02910, 2014 U.S. Dist. LEXIS 19740 (D. Colo. Feb. 18, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold DISH vicariously liable for 1+ million phone calls made by over a dozen third-parties in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b) and (c).
  • In Fitzhenry v. ADT Corp., No. 14-80180, 2014 U.S. Dist. LEXIS 166243 (S.D. Fla. Nov. 3, 2014), the class action defense team of Eric Zalud, Ben Kern, and David Krueger successfully defended a nationwide putative class action seeking to hold ADT vicariously liable for approximately 5 million phone calls made by an independent third-party in alleged violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227(b).

  • EDUCATION

    • Capital University Law School, J.D.
      • Class Valedictorian
      • summa cum laude
      • Order of the Curia
      • Associate Editor, Law Review
    • The Ohio State University, M.S., Organic Chemistry
    • Denison University, B.S., Chemistry
      • with honors
  • BAR ADMISSIONS/ASSOCIATIONS, LICENSES AND CERTIFICATES

    • Ohio
    • Texas
    • Tennessee
    • U.S. Patent & Trademark Office
    • U.S. Court of Appeals for the Federal Circuit
    • U.S. Court of Appeals for the Fourth Circuit
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Court of Appeals for the Sixth Circuit
    • U.S. District Court, Northern District of Ohio
    • U.S. District Court, Southern District of Ohio
    • U.S. District Court, Northern District of Texas
    • U.S. District Court for the Eastern District of Texas
    • U.S. District Court, District of Colorado