Practice Areas:
Intellectual Property Litigation (click here for Representative Cases)
Technology Transactions and Licensing
Trademark and Copyright Law

Summary of Practice:
Benjamin Lieb advises clients on a full range of intellectual property strategies and issues. As an experienced trial lawyer specializing in patent litigation and other intellectual property disputes, Ben brings seasoned counseling to clients on proven methods for obtaining, protecting and leveraging intellectual property rights and safeguarding against the rights of others. He provides opinions on patent infringement and freedom to operate issues, as well as due diligence services as a part of his practice representing clients in a broad spectrum of technologies, including mechanical, electrical, electro-mechanical, and chemical, as well as business methods.

In addition to many patent infringement actions, Ben has litigated a wide variety of other intellectual property-related claims, including for trademark and copyright infringement, unfair competition, trade secret misappropriation, false advertising, slander and libel, violation of consumer protection laws, and breach of contract. He is experienced in all aspects of litigation and appeal in both federal and state courts, as well as the trademark opposition proceedings before the Trademark Trial and Appeal Board.

Ben is admitted to practice in Colorado state and federal courts, and has appeared in United States District Courts for the Districts of Central California, Eastern Virginia, Western Wisconsin, Arizona, Montana, Kansas, Northern New York, Western Texas, Idaho, and Southern Florida. He is also admitted to the Federal Circuit and Tenth Circuit Courts of Appeals. Ben regularly serves as local counsel in intellectual property cases pending in the District of Colorado.

Bar Admissions:
Colorado Supreme Court, 1997
United States District Court for the District of Colorado, 1997
United States Court of Appeals for the Federal Circuit, 1998
United States Patent and Trademark Office, 1998
United States Court of Appeals for the Tenth Circuit, 1999

Professional and Trade Memberships:
American Intellectual Property Law Association
International Network of Boutique Law Firms
Colorado Bar Association, Intellectual Property Law Section
Denver Bar Association

Representative Matters:
R.W. Beck, Inc. v. E3 Consulting, LLC, in the United States District Court for the District of Colorado
Counsel for the defendant in case involving claims for copyright infringement, unfair competition, unjust enrichment and violation of the Colorado Consumer Protection Act, related to due diligence reports in the energy consulting industry. Obtained summary judgment and dismissal with prejudice of all claims against the defendant before commencement of any discovery.

HID Global Corp. v. Leighton Technologies, Inc. and General Patent Corp Int'l, in the United States District Court for the Central District of California
U.S. Patent Nos. 5,817,207, 6,036,099, 6,214,155, 6,441,736, 6,514,367 and 6,557,766
Counsel for the plaintiff in action involving claims for declaratory judgment of non-infringement, invalidity and unenforceability of six related patents directed to structures and methods for manufacturing laminated RFID security access cards. Defeated motion to dismiss or transfer action and obtained rulings for the plaintiff on multiple discovery disputes that eliminated tens of millions of dollars in accused products from contention.

Case Logic, Inc. v. Computer Expressions, Inc., in the United States District Court for the District of Colorado; Case Logic, Inc. v. TransWorld Enter. Corp. et al., in the United States District Court for the District of Colorado; Case Logic, Inc. v. Tucano USA, Inc. et al., in the United States District Court for the District of Colorado; Case Logic, Inc. v. Atlantic Reps., Inc., in the United States District Court for the District of Colorado
U.S. Patent Nos. 6,186,320, 6,325,207, 6,698,587 and 6,926,140
Counsel for Case Logic in multiple cases involving claims for infringement of one or more Case Logic patents directed to CD/DVD storage sleeves. All cases resolved with favorable settlement for Case Logic.

Piersons v. Quality Archery Designs, Inc. et al., in the United States District Court for the Northern District of New York
U.S. Patent No. 6,044,832
Counsel for Trophy Taker in a multi-defendant case involving claim for infringement of patent directed to fall-away arrow rest devices for use with archery bows. Obtained finding of invalidity of patent on summary judgment leading to favorable settlement for Trophy Taker.

HID Global Corp. v. Opticon, Inc., in the United States District Court for the Central District of California
U.S. Patent No. 5,382,784
Counsel for the plaintiff in action involving claims for infringement of patent directed to dual technology bar code and RFID reader. Obtained favorable settlement for the plaintiff.

Ledalite Architectural Products LP v. Pinnacle Architectural Lighting, Inc., in the United States District Court for the Western District of Wisconsin
U.S. Patent Nos. D556,358 and D572,858
Currently counsel for the defendant in case involving claims for infringement of design patents directed to drop-in ceiling lighting fixtures.

New Tech Machinery Corp. v. Englert, Inc., in the United States District Court for the District of Colorado
U.S. Patent Nos. 5,425,259 and 6,981,397
Currently counsel for the defendant in case involving claims for infringement and declaratory judgment of non-infringement of patents directed to sheet metal forming machines.

Afshari v. Trophy Taker, Inc., in the United States District Court for the District of Idaho
U.S. Patent No. 6,725,854
Counsel for the defendant in action involving claims for infringement of patent direct to illuminated sight pin for archery bows. Successfully lifted default judgment and obtained favorable settlement for the defendant.

Callicrate v. Wadsworth Mfg. Inc., in the United States District Court for the District of Montana
U.S. Patent Nos. 5,997,553 and 5,681,329
Counsel for the plaintiff in action for infringement of patents directed to castration devices. Obtained favorable settlement for the plaintiff, including entry of a permanent injunction.

Tax Recovery Group, Inc. v. Accutax LLC et al., in the United States District Court for the District of Colorado
Counsel for the plaintiff in action asserting twelve claims for relief, including for copyright infringement, false advertising under the Lanham Act, violation of the Colorado Consumer Protection Act, civil conspiracy, and civil theft. Obtained favorable settlement for the plaintiff.

Callicrate v. New Age Indus., Corp., in the United States District Court for the District of Kansas
U.S. Patent Nos. 5,681,329 and 6,270,507
Counsel for the plaintiff in action for infringement of patents directed to castration devices. Obtained favorable settlement for the plaintiff.

Windsor Industries, Inc. v. Pro-Team, Inc., in the United States District Court for the District of Colorado
U.S. Patent No. D312,517
Counsel for the plaintiff in action involving claims for declaratory judgment of non-infringement of design patent and trade dress directed to a backpack vacuum cleaner design. Obtained final judgment for the plaintiff on all claims.

Natural Waters of Viti Ltd. v. CEO Int’l Holdings Inc., in the United States District Court for the Eastern District of Virginia
Counsel for the plaintiff in action for trade dress infringement involving the water bottle and label design for the FIJI brand of natural artisan water. Obtained preliminary injunction for the plaintiff.

Coors Brewing Co. v. Thames America Trading Co., in the United States District Court for the District of Colorado
Counsel for the plaintiff in action for trademark infringement, unfair competition and other related causes of action involving the George Killian’s brand. Obtained favorable settlement for the plaintiff.

Safe-Strap Co. v. Koala Corp., in the United States District Court for the Southern District of New York
U.S. Patent No. 6,101,687
Counsel for the defendant in action for infringement of patent directed to a child seatbelt assembly for shopping carts. Obtained favorable settlement for the defendant.

K&C RV, Inc. v. Casey's Recreational Sales, in the Colorado District Court, Jefferson County Counsel for the defendant in case involving claims for trademark infringement, unfair competition and violation of the Colorado Consumer Protection Act. Obtained favorable settlement for the defendant.

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