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.
- 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.
Recognition & Accomplishments
“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
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)
Fluent in Hebrew
Proficient in Spanish
United States Supreme Court
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 Texas