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Background

Bailey Benedict is a Principal in Fish & Richardson’s Houston office. Ms. Benedict’s practice focuses on all areas of intellectual property litigation in Federal District Courts, with a particular focus on patent and trademark litigation. She also has experience in trade secret litigation, as well as representing realtors in litigation under the False Claims Act.

Ms. Benedict has litigated in a wide variety of technology areas in federal courts nationwide, with a particular focus on chemicals, oil-and-gas technology and equipment for exploration, drilling, and production, and consumer goods.  She has also litigated patent cases relating to software, pharmaceuticals, and 3D printing.  Ms. Benedict has led claim construction hearings and motion hearings in the Southern District of Texas, the Western District of Texas, and the Central District of California. She has taken cases to trial in the District of Delaware, the Middle District of Georgia, and the Eastern District of Texas. Ms. Benedict has worked extensively with clients and fact witnesses to develop cases and prepare for trial, has worked closely with both technical and damages expert witnesses to oversee expert reports and testimony, has conducted and defended many depositions, and has managed complex discovery.  Ms. Benedict’s experience also includes a number of appeals before the Federal Circuit, and one Supreme Court appeal.

Ms. Benedict’s practice focuses on providing efficient, high quality service to clients with a particular eye toward adhering to budgets and achieving the goals most important to each individual client, be that a litigation win, a favorable settlement, or something in between.  She has negotiated many advantageous settlements for her clients, both in a formal mediation process and through less formal negotiations with opposing counsel. She also has significant experience with multi-defendant litigation, large joint defense groups, and smaller multi-defendant opportunities that allow clients to benefit from cost sharing.

Bailey also devotes her time to pro bono matters, including working with KIND (Kids In Need of Defense) to help children remain in the United States legally.

Education

University of Texas at Austin School of Law 2012
J.D.


University of Southern California 2009
Chemical Engineering with emphasis in Nanotechnology, minor in Musical Theater, B.S.
cum laude

Admissions

  • Texas 2012
  • 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
  • U.S. District Court for the Western District of Texas

Memberships & Affiliations

​Texas Intellectual Property Law Journal, Symposium Editor (2011-2012)​

Other Distinctions

Presentations

Negotiation Ethics,” Co-speaker, Fish Webinar (April 25, 2018).

“Negotiation Ethics for In-House Counsel” Co-speaker, Fish L.E.A.D. event (February 1, 2018 – Houston).

“WesternGeco v. ION: The Future for Foreign Damages in Both Copyright and Patent Cases,” Co-Speaker, 30th Annual Advanced Intellectual Property Law Conference (February 23, 2017 – Austin, TX).

Recognition

Named to the “Best Lawyers: Ones to Watch” list by The Best Lawyers in America© (2021).

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