Ben Lehberger has a broad range of experience in patent and trademark law, combined with a technical background in the mechanical arts and aerospace industry. He started his career as a helicopter design engineer at Sikorsky Aircraft Corporation and has been an active airplane pilot and aviation aficionado for over twenty years.
Whether working with a startup or a large publicly traded company, Ben strives to learn the client’s business and understand their business objectives in order to provide customized and creative approaches to the intellectual property issues at hand. He prepares and prosecutes patent applications across a wide variety of technologies, and guides clients of all sizes and stages through the process of procuring patent and trademark protection in the U.S. and abroad to strategically grow their portfolios. He also performs infringement and validity analyses, provides opinions, and negotiates license agreements to help clients monetize their portfolios or preempt disputes.
Ben has represented intellectual property owners and accused infringers through every stage of litigation, from pre-filing investigation through trial and appeal, and counseled clients in mediations and settlement negotiations. The insights and firsthand experiences gained as a litigator also prove valuable in his prosecution, opinion, and licensing activities.
- Elected and served as the President of the Connecticut Intellectual Property Law Association (CIPLA) from 2016 to 2017 and as a member of the Board of Governors from 2017 to present.
- Drafted and prosecuted hundreds of patent applications across a variety of technologies in the U.S. and foreign patent offices.
- Handled over twenty patent appeals before the Patent Board and Appeal Board, including over ten oral arguments, with a successful track record of overturning difficult rejections.
- Managed global patent and trademark portfolio for publicly traded company in the automotive field.
- Conducted large scale freedom-to-operate study and product design counseling in the medical device field resulting in successful product launches.
- Managed trademark protection and licensing campaign for media company in the U.S. and abroad.
- Litigated over thirty patent, trademark, and trade secret infringement cases in U.S. District Courts, state courts, and the U.S. Court of Appeals for Federal Circuit.
- Successfully negotiated and mediated resolutions to intellectual property disputes.
Ben’s fields of technology include aerospace, automotive, medical devices, drug delivery, pharmaceutical and consumer product dispensers, integrated operating room technology, and software and computer related inventions.
Publications & Presentations
- Recovering Lost Profits Under WesternGeco v. ION, May 2019, Joint Patent Practice Continuing Legal Education, Inc.
- Trade Secret Year In Review, April 2019, Florida IP Law Symposium
- Where Are We Headed in Space? Charting the Industry’s Trajectory Through Patent Filings, March 2019, Lawyer-Pilots Bar Association Convention
- Patent Venue In The Aftermath Of TC Heartland v. Kraft Foods, May 2, 2018, Joint Patent Practice Continuing Legal Education, Inc.
- Intellectual Property Strategies for Startups, Oct 31, 2016, TechCrunch
- Patent Challenging Is A Lucrative Business For Investment Firms, June 25, 2015, European Pharmaceutical Manufacturer Magazine
- Is Your Patent Ready For Litigation?, Jan 23, 2015, Corporate Counsel
- Implementing Patent Marking Strategies After AIA, Oct 4, 2012, Law360
- America Invents Act and the Implementation of Post Grant Review, Apr 17, 2012, Joint Patent Practice Continuing Legal Education, Inc.