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Benjamin C. Elacqua

Principal

Houston, TX
713-654-5324
elacqua@fr.com
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Benjamin C. Elacqua Photo

Background

Ben 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 around the world 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 is familiar with issues relating to standards essential patents, including litigating standards essential patents in courts around the world and handling the complexities of issues surrounding FRAND negotiations.

Mr. Elacqua’s primary practice focuses on patent litigations and providing strategic analysis to his clients relating to all types of intellectual property matters. His trial experience spans both United States District Courts and the United States International Trade Commission in Section 337 proceedings.

An accomplished trial lawyer, Mr. Elacqua’s experience spans all phases of a complex patent case, including pre-suit investigations, managing complex litigations, and post-trial work. Mr. Elacqua has considerable jury trial experience, including appearing as lead and co-lead counsel. In trial, Mr. Elacqua’s witness examinations have played keyed roles in securing victories for clients around the country.

Not all cases go to trial, and for those, Mr. Elacqua’s role is that of advisor. In connection with his trial practice, Mr. Elacqua advises clients in patent licensing and patent portfolio management, as well as advising clients in proceedings before the United States Patent and Trademark Office. Further, while his practice focuses on all aspects of patent litigations, Mr. Elacqua has advised clients in proceedings relating to antitrust claims, as well as various state law contract and tort claims.

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. Mr. Elacqua also teaches a mock trial class a local high school and regularly volunteers his legal services to pro bono matters.

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 Texas Super Lawyers “Rising Star,” in 2013-2016, and a “Super Lawyer” in 2017 and 2018.

Speaking Engagements

“Litigation – Musical Chairs in Patent Venue: The Practical Implications of TC Heartland,” Practicing Law Institute (PLI) 12th Annual Patent Law Institute (April 26, 2018).

“Trends in Licensing Deals and Other IP Transactions,” Duff & Phelps IP Value Summit (October 16, 2017).

“IP Strategy and Recent Trends in the High Tech World,” Duff & Phelps IP Value Summit (October 16 – Half Moon Bay, CA)

“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).

Honorable Mention

Highlighted by Litigation Daily as a “Litigator of the Week” (June 1, 2018).

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