Ben Thompson is an experienced intellectual property trial lawyer. His practice focuses on representing and advising clients in patent litigation across the country, including cases filed in U.S. district courts and at the International Trade Commission. He has also led appeals and argued before the U.S. Court of Appeals for the Federal Circuit.
Ben’s patent litigation experience spans varying technologies, including consumer electronics hardware/software, device power management, microprocessor design and operation, artificial intelligence and machine learning, and digital image processing. He also has substantial litigation experience in cases concerning computer network security and data encryption.
Prior to entering the practice of law, Ben worked as a software developer for a company specializing in mission-critical technology solutions for the U.S. Department of Defense. Through his industry experience and education, Ben is proficient in multiple programming languages. His engineering background and previous industry work experience help him develop winning strategies in high-tech, high-stakes patent cases.
In recognition of his achievements at the ITC, Law360 identified Ben as a 2019 Rising Star in international trade law — an honor awarded to only four practitioners in the country who were considered the top legal talent under 40 in this field. Ben has also consistently been named a Super Lawyers Rising Star in the field of intellectual property litigation and included in The Best Lawyers in America list by Best Lawyers.
Experience
Headwater Research LLC v. Samsung Electronics, Co., Ltd., et al. (E.D. Tex. 2022-25): Counsel for Samsung in patent infringement case concerning data and power saving software for wireless communication devices. Obtained non-infringement verdict in jury trial.
Ward Participations BV v. Samsung Electronics Co., Ltd., et al. (W.D. Tex.; PTAB; Fed. Cir.): Counsel for Samsung in an infringement matter targeting cryptographic technology used within Samsung Knox. Fish challenged both asserted patents in three post-grant petitions and won final written decisions of invalidity in each. These decisions were affirmed on appeal, after which the plaintiff dismissed the district court case with prejudice.
Communication Technologies, Inc. v. Samsung Electronics, Co., Ltd., et al. (E.D. Tex. 2021-23): Counsel for Samsung in district court and PTAB proceedings concerning computer security software. Obtained instituted inter partes review and stay of district court proceedings. The asserted patent was later found invalid, and the district court case was dismissed.
In the Matter of Certain Video Processing Devices, Components thereof, and Digital Smart Televisions Containing the Same, Inv. No. 337-TA-1222 (ITC 2020-21): Counsel for Respondent Samsung Electronics Co., Ltd. in ITC investigation defending against allegations concerning patents describing video processing technologies.
Clear Imaging Research, LLC v. Samsung Electronics Co., Ltd. (E.D. Tex. 2019): Counsel for Samsung in litigation concerning image processing technology. Invalidated multiple patents at the claim construction stage.
Confidential client: Won a closely watched ITC patent infringement case — part of a massive, high-stakes global litigation — for a maker of optical electronics and its customer. The case, which resulted in excluding numerous digital cameras from the U.S., was the first big win in the series of U.S. cases. It was particularly challenging because every decision needed to align with a carefully developed global litigation strategy to ensure that no position taken would jeopardize any other international litigation.
