Benjamin A. Katzenellenbogen serves as Chair of Knobbe Martens’ Design Patent Litigation practice and Co-Chair of the Trade Secret Litigation practice. He has been litigating patent, trademark, trade secret and other intellectual property disputes for more than 25 years. Ben handles cases throughout the litigation process, from inception through trial, and appeal.
Ben regularly appears in trial courts throughout the country and has argued appeals before the Federal Circuit, the Ninth Circuit and the California Court of Appeal. He has also argued cases before the International Trade Commission and the United States Patent and Trademark Patent Trial and Appeal Board.
Ben has represented clients across a broad range of technologies, from golf balls and consumer products to medical devices and pharmaceuticals. He has addressed common legal issues, such as preliminary injunctions, motions to dismiss, Markman (claim construction), summary judgment, bench and jury trials, as well as post-trial proceedings. He has also addressed less common issues, including class certification and attempts to enforce disputed settlements.
Ben also has considerable experience in trademark, trade secret, copyright, unfair competition, and state law issues, and has represented branded and generic drug manufacturers in Hatch-Waxman litigation. Exemplary engagements are listed below, organized by legal issue and technology area.
Ben has been recognized as a “Southern California Super Lawyer” for his work in intellectual property litigation and as one of Lawdragon’s “500 Leading Global IP Lawyers.”
Many intellectual property rights peacefully coexist because they apply to distinct aspects of a product. Issues can arise when intellectual property rights that expire and intellectual property rights that do not expire protect the same or overlapping features of the same product. One example is design patents and trade dress rights, both of which apply to non-functional ornamental features.