Patent Litigation

In addition to representing clients in complex patent litigation throughout the U.S., Benesch has a full-service patent practice featuring registered patent attorneys with diverse technical backgrounds. We represent clients in every phase of the patent process in the U.S. and coordinate patent-related activities outside the U.S.

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Overview

We also represent clients on a variety of other patent-related matters, including clearance of new products, design around alternatives, and enforcement programs. In short, Benesch’s patent litigators have produced positive results on a consistent basis for our clients and our patent practitioners have obtained important patents on a wide variety of technologies. Our patent attorneys regularly speak and write about patent issues of interest to clients, the bench and the patent bar.

High performance in practice

Recognized by Chambers® 2025

Ranked Tier 2 Nationally

2026 Best Lawyers® “Best Law Firms”

Experience

Benesch, serving as co-counsel with Irell & Manella, secured a complete victory for Gamon in a six-day jury trial in a long-running patent infringement dispute with Campbell’s involving gravity-fed display racks. After more than a decade of litigation, the jury unanimously confirmed patent validity and awarded Gamon $17 million in damages against Campbell’s, and over $400,000 against a Campbell’s supplier.

S-Line LLC v. Squyres et al., (N.D. Tex. 2014). Represented patentee S-Line in patent infringement action involving bulkheads used for cargo containers. Managing day-to-day activities including discovery and responsible for infringement case.

GHJ Holdings LLC v Plasticade Products Corporation (E.D. Tex. 2010). Defended Plasticade against false marketing allegations.

Jackson v. Contour, et al. (N.D. Ill. 2007). Co-lead counsel in a pro bono matter relating to an inmate’s contraction of tuberculosis.

Lennon Image Technologies, LLC v. Skullcandy, Inc. (D. Del. 2012). Represented Skullcandy in patent infringement action pertaining to virtual image interface technology.

Certain Sintered Rare Earth Magnets, Methods of Making Same and Products Containing the Same, ITC Inv. No. 337-TA-855. Counsel for respondent Skullcandy defending against claims of patent infringement relating to manufacturing processes for magnets.

Abbott Laboratories et al. v. Watson Laboratories, Inc.-Florida et al. (D.N.J. 2010). Represented Watson in a Hatch Waxman litigation related to choline fenofibrate sold by Abbott as Trilipix®.

Teijin, Inc. et al. v. Alembic Pharms. Ltd. (D. Del. 2013). Representing Alembic as a first to file applicant in Hatch-Waxman litigation involving Uloric® (febuxostat). Responsible for managing day to day activities and primary client contact.

AstraZeneca LP v. Sandoz Inc. (D.N.J. 2010). Represented Sandoz in a Hatch Waxman litigation related to budesonide sold by AstraZeneca as Pulmicort®.

ICOR International, Inc. v. DuPont (S.D. Ind. 2010). Brought declaratory judgment action relating to refrigerant compositions.

Grupo Bimbo, S.A. B. de C.V., et al. v. Snak-King Corp., et al., (C.D. Cal. 2013). Represented Grupo Bimbo in dispute over trademarks, trade dress, patent and unfair business practices. Co-lead attorney on patent infringement case and co-manage fact and expert discovery with team of three attorneys.

Gramm v. John Deere and Company, (N.D. Ind. 2014). Represented Deere in patent infringement lawsuit relating to corn crop headers. Responsible for formulating and proving up non-infringement and invalidity defenses.

Alliance v. Altivity (W.D. Wash. 2007). Patent and trade secret case relating to containers for packaging cat litter.

Alticor Inc., Amway Corp. and Quixtar Inc. v. NCR Corp. (W.D. Mich. 2007). Represented plaintiffs in an action seeking a declaratory judgment of non-infringement and invalidity of seven NCR patents relating to e-commerce.

Dyson, Inc. v. LG Electronics USA, Inc. (N.D. Ill., 2012). Counsel in patent infringement action pertaining to vacuum cleaners, responsible for formulating noninfringement and invalidity defenses. Case currently stayed pending inter partes reexamination.

PRE Holding, Inc. v. Monaghan Medical Corp., et al. (E.D. Va. 2009). Represented client in a patent infringement case relating to medical devices.

King v. Chapman, et al. (N.D. Ill. 2009). Co-lead counsel in a pro bono matter relating to the violation of an inmate’s 8th Amendment rights.

In the Matter of Certain Thermal Support Devices, Infant Incubators, Infant Warmers, and Components Thereof, ITC Inv. No. No. 337-TA-896. Counsel for Atom Medical in ITC action relating to infant incubators and warmers.

Draeger Med. Sys., Inc. v. Atom Med. Int’l, Inc. and Philips Elecs. N. Am. Corp., d/b/a Philips Healthcare, Case No. 2:12-cv-00512-UA-DNF (M.D. Fla. 2012). Represented Atom Medical in patent infringement action relating to infant warmers and incubators.

Yakima Products, Inc. v. Saris Cycling Group, Inc. (D. Or. 2009). Represented Saris Cycling Group, Inc. in a patent litigation relating to bicycle racks.

Noven Pharms., Inc. v. Watson Labs., Inc. et al. (D.N.J. 2011). Represented generic client in Hatch-Waxman patent litigation in a first to file (FTF) opportunity related to a methylphenidate transdermal patch sold by Noven as Daytrana®. Obtained partial summary judgment rulings of non-infringement and invalidity due to inadequate written description. The parties’ settlement permits a 2015 launch notwithstanding the 2018 expiration of the patents-in-suit.

AOL, Inc. v. Yahoo! Inc. (S.D.N.Y. 2009). Multi-patent infringement litigation relating to internet advertising technology.

Defended ComEd, an Exelon company, against claims of breach of contract stemming from a series of disputes following termination of a significant construction relationship. After a week-long trial, the Court found for ComEd on virtually all issues. The matter is now being appealed by the plaintiff.

Key Contacts: Kal K. ShahLouis ConstantinouMircea A. Tipescu

Represented a global agricultural chemical company in patent ownership litigation involving three other parties claiming rights to genetically modified crop technology, resulting in a favorable settlement for the client on the eve of trial.*

Key Contacts: Charanjit Brahma

Defended a content delivery network client in multi-patent litigation that resulted in a full defense jury verdict.*

Key Contacts: Charanjit Brahma

Second-chaired trial for a global medical imaging company in litigation against a key competitor asserting patents related to scintillation crystals used in PET scanners, helping to secure a $50M+ jury verdict and award for the client.*

Key Contacts: Charanjit Brahma

Led the defense of a leading maker of consumer electronic devices in multiple patent litigations against non-practicing entities that were favorably resolved without any payment from the client.*

Key Contacts: Charanjit Brahma

Represented a global innovator pharmaceutical company as trial counsel in Hatch-Waxman ANDA litigation relating to a leading opioid dependence treatment product, examining key expert witnesses relating to the validity of Orange Book-listed patents.*

Key Contacts: Charanjit Brahma

Defended a designer and manufacturer of surfing simulator water rides in bet-the-company patent and breach of contract litigations and related inter partes review proceedings and Federal Circuit appeals. These representations resulted in one patent being canceled, another being found invalid and a district court award of significant attorneys’ fees.*

Key Contacts: Charanjit Brahma

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