Benjamin E. Leace

Ben devotes the majority of his time to handling litigation for clients and the balance of his time in intellectual property counseling and transactions. With more than 30 years of IP experience, he has represented clients in a wide range of IP areas including litigation, licensing, agreements, opinions/counseling and patent/trademark/copyright procurement. 

How Ben Helps Clients

Copyright

Ben has experience in protecting, licensing and enforcing copyrights. Copyright protection is often an essential element of protecting software and other works of authorship. 

Litigation

Ben has represented plaintiffs and defendants in a variety of disputes involving patents, trademarks, copyrights, trade secrets and the right of publicity. He has appeared in Federal Courts in Pennsylvania, New Jersey, Delaware, New York, Illinois, Texas, Wisconsin, North Carolina, Arkansas, Missouri and California. Ben has also represented clients in Opposition and Cancellation proceedings before the Trademark Trial and Appeal Board, as well as in Inter Partes Reviews before the Patent Trial and Appeal Board.

Patent Procurement

Ben has been active in procuring patents for his entire career. His clients range from individual inventors to large corporations, primarily in the computer, business method, electrical, medical device and mechanical fields.

Trade Secrets

Trade secret protection is a common element in the IP representation that Ben provides to clients. He is involved in many aspects of trade secret counseling, from negotiating and drafting non-disclosure agreements, to licensing and enforcing trade secret rights. 

What Clients Can Expect

Ben believes that litigation is often the cost of doing business and must be continually monitored to make sure that it is in line with the business goals of our clients. Litigation is a tool that is used in reaching a business goal but is not the goal itself. This approach to litigation requires an understanding of not just the issues of the lawsuit, but our client’s business. Regular reviews of case status and strategy help ensure that the case is on track with the business goals and that costs are managed. 

Ben is a regular speaker in the intellectual property field. His talks have covered a broad range of intellectual property and litigation related topics including Discovery, Strategic IP Practice and Ethical Issues before the PTO.

Proof Points

• Led the successful assertion of a patent ownership claim against an ex-employee who misappropriated company intellectual property and threatened to assert it against the company.
• Led the successful defense of a patent infringement suit for a pharmaceutical company involved in generic drugs. Following a full evidentiary, three-day preliminary injunction hearing relating to the validity of the patent, the Motion for Preliminary Injunction was denied, and the case settled between the parties.
• Led the successful defense on summary judgement of a trademark infringement suit involving the design of a humidifier.

Awards

• Pennsylvania Super Lawyer, 2004-Present, Intellectual Property Litigation
• The Best Lawyers in America, 2011-Present
  • Intellectual Property
  • Litigation – Patent
  • Litigation – Intellectual Property
  • Trademark Law 
• America’s Leading Lawyers for Business: The Client’s Guide-Chambers & Partners’ publication, IP Attorney in PA, 2006-Present
• 2018 Arthur Seidel Distinguished IP Services Award from the Pennsylvania Bar Institute