Benjamin N. Simler

Associate

Philadelphia

Tel 215.864.8872
Fax 215.864.8999

Benjamin Simler’s practice focuses on litigating and resolving complex business disputes and intellectual property and technology-related issues.

Ben guides and represents clients in litigation, dispute resolution, and risk management so that they can focus on what matters most—their core business. His clients are industry leaders across the globe, in industries including aerospace, internet/networking, energy and natural resources, real estate, manufacturing, automotive, apparel, software and e-commerce, semiconductors, healthcare, chemical, food & beverage, finance, hemp/cannabis, and biotechnology. Ben helps his clients resolve or avoid all kinds of competitive and legal threats, though his practice primarily centers around matters involving patents, trademarks, copyrights, trade secrets, false advertising, contracts, and complex litigation.

Services

Experience

Representative Matters

Bridgestone Americas Tire Operations, LLC v. Bridgeport-Schrader et al. (D. Delaware). Counsel for defendants in a patent infringement dispute involving power savings technologies in TPMS sensors. Won a verdict of non-infringement on all products and claims after a two-week jury trial.
DCM Systems v. IntelliTec College (D. Mass.). Counsel for defendant in copyright dispute involving educational materials. Won motion to dismiss.
Harris v. Meiling et al. (D. Nev.; C.D. Cal.; Orange Cty. Sup. Ct.). Counsel for defendant in case alleging fraud in connection with sale of business in receivership. Successfully removed putative class action from state court, obtained transfer of action to District of Nevada, and subsequently won dismissal of action in its entirety.

Floyds 99 Holdings, LLC v. Diesel Barbershop, LLC et al. (W.D. Tex.). Counsel for plaintiff in trade dress infringement dispute. Obtained favorable settlement.
Server Technologies, Inc. v. American Power Co. (D. Nevada). Counsel for plaintiff in several disputes involving power distribution units in data centers. Won a $13 million verdict after a two-week jury trial.
Honeywell v. The Code Corp / In re Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof (ITC; D. Del.). Counsel for defendant in Section 337 investigation and related district court litigation involving multiple patents related to bar code scanner technology. Obtained favorable settlement before trial.
Energy Heating, LLC v. Heat-on-The-Fly, LLC (D.N.D.). Counsel for major oil and gas company defendant in patent and trademark dispute involving hydraulic fracturing technology. Won counterclaims of invalidity and unenforceablity on summary judgment and at trial, affirmed on appeal in published opinion. 889 F.3d 1291 (Fed. Cir. 2018). Subsequently obtained judgment awarding client's attorney’s fees.
Counsel for defendant/counterclaimant in international arbitration involving alleged trademark infringement and breaches of contract in franchise termination dispute (SIAC). Obtained favorable settlement before hearing.
RxRevu, Inc. v. Blakeslee (Colo. Dist. Ct.). Counsel for plaintiff in trade secret misappropriation and breach of non-compete contract. Successfully obtained contested preliminary injunction after evidentiary hearing, and later obtained permanent injunction on same terms by stipulation.
Elite Neuromonitoring LLC v. Ascent Medical, LLC et al. (Colo. Dist. Ct.). Counsel for plaintiff in trade secret and unpaid wage dispute. Obtained favorable settlement.
United States Welding, Inc. v. TECSYS, Inc. (D. Colo.). Counsel for defendant in case alleging fraud and breach of contract in connection with sale and implementation of ERP software. Won all claims after a two-week jury trial, obtained judgment awarding client’s attorney’s fees, and obtained significant sanctions award against plaintiff.
In re TLI Communications (D. Del.; E.D. Va.). Counsel for a defendant in multi-district patent litigation related to organization and storage of image files from mobile devices to cloud environment. Obtained favorable settlement before decision on motion to dismiss.
United Social Sports, Inc. v. Major League Bocce, LLC (TTAB). Counsel for trademark owner in cancellation action alleging fraud and lack of secondary meaning. Won on all claims after administrative trial.

Professional Highlights

Recognition & Accomplishments

Best Lawyers, “Ones to Watch,” Intellectual Property Law & Litigation, 2021-2024

Publications

“A Model for Predicting Permanent Injunctions After eBay v. MercExchange.” Bloomberg Law Reports Intellectual Property, 2011

“Officer Liability in Tort—Not Just a ‘Veiled’ Threat.” Century City Lawyer, 2011

Credentials

Education

University of Pennsylvania Law School (J.D., magna cum laude, 2010)
Senior Editor, University of Pennsylvania Law Review
Managing Editor, University of Pennsylvania East Asia Law Review (n/k/a University of Pennsylvania Asian Law Review)
Order of the Coif

University of California, Los Angeles (B.A.S., magna cum laude, 2006)

Languages

Fluent in Hebrew

Proficient in Spanish

Admissions

California

Colorado

Pennsylvania

United States Supreme Court

U.S. Patent and Trademark Office

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the Central District of California

U.S. District Court for the Northern District of California

U.S. District Court for the District of Colorado

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Texas