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Overview

Benjamin Levi is a principal in the firm’s Washington, D.C. and New York offices. Ben is a trial lawyer and registered patent attorney who has been litigating complex patent disputes in the U.S. International Trade Commission (ITC) and in federal district courts for more than 20 years. Ben has particular experience in and knowledge of how best to guide clients through ITC litigation. Ben has prevailed in patent cases brought in the ITC and has won jury verdicts in patent cases of hundreds of millions of dollars in damages.  

From 2006 to 2011, Ben was a senior investigative attorney with the ITC’s Office of Unfair Import Investigations. He also served as a patent examiner with the U.S. Patent & Trademark Office (PTO) from 1989 to 1993, where he received the Distinguished Graduate Award from the PTO’s Patent Academy.

Experience

Representative Matters

As a senior investigative attorney with the ITC’s Office of Unfair Import Investigations, Ben was the lead government lawyer in over 15 cases. A representative sampling of those cases, as well as cases he has handled since joining McKool Smith, includes:

  • Certain Mirrors with Internal Illumination and Components Thereof, Inv. No. 337-TA-1055
  • Digital Video Receivers and Hardware and Software Components Thereof, Inv. No. 337-TA-1001
  • Quartz Slabs and Portions Thereof, Inv. No. 337-TA-996
  • Certain Wireless Communications Equipment and Articles Therein, Inv. No. 337-TA-866
  • Certain Electronic Devices, Including Wireless Communication Devices, Tablet Computers, Media Players, and Televisions, and Components Thereof, Inv. No. 337-TA-862
  • Devices with Secure Communication Capabilities, Components Thereof and Products Containing the Same, Inv. No. 337-TA-858
  • Devices for Mobile Data Communication, Inv. No. 337-TA-809
  • Communication Equipment, Including Power Over Ethernet Telephones, Switches, Wireless Access Points, Routers and other Devices used in LANs, and Cameras, Inv. No. 337-TA-817
  • Static Random Access Memories and Products Containing Same, Inv. No. 337-TA-792
  • Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras, Inv. No. 337-TA-709
  • Probe Card Assemblies, Components Thereof and Certain Tested DRAM and NAND Flash Memory Devices and Products Containing Same, Inv. No. 337-TA-621
  • Bulk Welding Wire Containers and Components Thereof and Welding Wire, Inv. No. 337-TA-686
  • 3G Wideband Code Division Multiple Access (WCDMA) Handsets and Components Thereof, Inv. No. 337-TA-601
  • 3G Mobile Handsets and Components Thereof, Inv. No. 337-TA-613
  • Equipment for Telecommunications or Data Communications Networks, Including Routers, Switches and Hubs, and Components Thereof, Inv. No. 337-TA-574
  • Foam Footwear, Inv. No. 337-TA-567
  • Inkjet Ink Supplies and Components Thereof, Inv. No. 337-TA-691

Also, in private practice, Ben successfully represented a medical device manufacturer in lawsuits enforcing patents covering pioneering cardiovascular stent technology resulting in substantial jury verdicts.

Ben has successfully represented clients in patent litigation suits in U.S. District Court and the ITC covering diverse technologies such as SRAMs, medical devices, computer software and associated component equipment used in high technology data transmission systems, carbon block water filters, mechanically locking laminate flooring, and a variety of industrial and consumer products.

Recognition

Rankings & Honors

  • Awarded the International Law Office (ILO) and Lexology 2015 "Client Choice Award" for Patent Litigation in Washington, D.C.
  • Recognized as a leading patent litigator by The Legal 500, 2012

Affiliations

Community & Professional Activities

  • International Trade Commission Trial Lawyers Association 
  • Member, International Trade Commission Committee of the Intellectual Property Owners Association

News & Events

Articles

Education

J.D., Northeastern University School of Law

B.S., Mechanical Engineering, Boston University

  • Dean's List Honors

Court Admissions

  • The District of Columbia
  • The State of New York
  • The Commonwealth of Massachusetts
  • The U.S. Patent & Trademark Office
  • The U.S. Court of Appeals for the Federal Circuit
  • The U.S. District Courts for the Southern and Eastern Districts of New York
  • The U.S. District Court for the District of Colorado
  • The U.S. District Court for the Eastern District of Texas
  • The U.S. District Court for the District of Columbia

Bar Associations

  • International Trade Commission Trial Lawyers Association
  • Member, International Trade Commission Committee of the Intellectual Property Owners Association
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