Benjamin N. Simler

Associate
Philadelphia

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.

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.

Professional Highlights

Recognition & Accomplishments

The Best Lawyers in America, “Ones to Watch,” Intellectual Property Law & Litigation - Intellectual Property (Philadelphia), 2021-2025

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