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Benjamin C. Elacqua

Principal

Houston, TX
713-654-5324
elacqua@fr.com
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Background

Benjamin Elacqua is a principal and patent trial attorney in the Houston office of Fish & Richardson. His practice emphasizes patent and intellectual property matters, including representing clients in litigation involving a wide range of technologies across many industries, particularly in the fields of computer software, computer hardware, medical devices, mechanical products, and consumer products. Mr. Elacqua’s primary practice involves managing complex patent litigations and providing strategic analysis to his clients. He also has significant experience in front of the United States International Trade Commission in Section 337 proceedings.

An accomplished patent litigator, Mr. Elacqua’s experience spans all phases of a complex patent case, including pre-suit investigations, analyzing complicated claim constructions, and managing complex discovery, including expert discovery. This considerable experience includes arguing Markman hearings, as well as other pre-trial hearings. Mr. Elacqua also has extensive jury trial experience, including witness examinations at trial. Mr. Elacqua’s post-trial work includes writing and arguing of post-trial motions, as well as the drafting of appellate briefs.

In connection with his patent trial practice, Mr. Elacqua has advised clients in patent licensing and patent portfolio management and has advised clients in reexamination proceedings before the United States Patent and Trademark Office.

Following law school, Mr. Elacqua was a Law Clerk for Judge Ron Clark of the United States District Court for the Eastern District of Texas. In 2008, Mr. Elacqua volunteered as a prosecutor at the City of Houston Municipal Courts, obtaining first-chair jury-trial experience in Class C misdemeanor cases.​

Education

J.D., Suffolk University Law School 2004
Editor-in-Chief, Journal of High Technology Review
magna cum laude


B.A., Colorado State University 1999
Liberal Arts

Admissions

  • Massachusetts 2005
  • Texas 2006
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas

Clerkships

United States District Court for the Eastern District of Texas, The Honorable Ron Clark, 2004 - 2006

Memberships & Affiliations

​Mr. Elacqua is part of the planning committee for the Eastern District of Texas Bench and Bar Conference and is a member of the Houston Intellectual Property American Inn of Court. He was also recently appointed by Chief Judge Davis and Judge Clark of the Eastern District of Texas to serve on a special five-person committee of former EDTX law clerks.

Other Distinctions

Accolades

Recognized as a 2013-2015 Super Lawyers Rising Star

Speaking Engagements

“Impact of the Supreme Court on Patent Enforcement,” BloombergBNA Seminar (March 12, 2015).

“Valuation of Intellectual Property (and Beyond),” VALCON 2015 (February 25, 2015). 

Publications

"Eastern District of Texas Disclosures: The Texas Four Step," IP Litigator, Vol. 15, No.5, September/October 2009, co-author David Healey.

Note, "The Hague Runs into B2B: Why Restructuring the Hague Convention of Foreign Judgments in Civil and Commercial Matters to Deal with B2B Contracts is Long Overdue," 3 J. High Tech. L. 95 (2004). 

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