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Background

Ben Elacqua is an intellectual property trial attorney who represents clients across the United States and in countries around the world. Based in Houston, Mr. Elacqua is known for his keen ability to speak the language of scientists and engineers, to solve complex problems with simple explanations, provide strategic analyses and insights for a client’s competitive advantage, and deliver results in and out of the courtroom.

An accomplished trial lawyer, Mr. Elacqua appears as lead and co-lead counsel, and his trial examinations have been pivotal in securing victories for clients around the country. Mr. Elacqua’s experience spans all phases of a complex litigation or regulatory investigation, including pre-suit investigations, managing strategic decisions throughout the case, and post-trial work. While the primary focus of his practice is on complex IP litigations, Mr. Elacqua also handles proceedings and advises clients on many state law claims, particular as they relate to complex technical issues, as well as antitrust issues and proceedings that might implicate multi-district litigation.

Clients choose and continue to work with Mr. Elacqua for his trial experience, which spans both the United States District Courts and the International Trade Commission (ITC) in Section 337 proceedings. His experience, calm demeanor, expertise, and quick-thinking in court have allowed him to work on some of the most technically and legally challenging cases for the most sophisticated companies around the world.

Mr. Elacqua’s practice encompasses many areas, including:

Representative Industries

  • 5G
  • Computer hardware
  • Computer software
  • Consumer products
  • Medical devices
  • Mechanical products

Thought Leadership

  • FRAND
  • Standards essential patents

Not all cases go to trial, and for those, Mr. Elacqua’s role is that of an advisor. His advisory practice includes patent licensing and patent portfolio management, as well as advising clients in 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, and early in his career Mr. Elacqua volunteered as a prosecutor at the City of Houston Municipal Courts, obtaining first-chair jury-trial experience. Outside of the office, Mr. Elacqua regularly volunteers his legal services to pro bono matters and the community, including local sports organizations and local schools.

Education

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


Colorado State University 1999
Liberal Arts, B.A.

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
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Northern District of Illinois

Clerkships

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

Memberships & Affiliations

• Federal Circuit Bar Association, Global Fellow, 2018-2019
• Eastern District of Texas Bench and Bar Conference, Planning Committee, 2012-Present
• Houston Intellectual Property American Inn of Court, Member, 2014-2017
• Appointed by (former) Chief Judge Davis of the Eastern District of Texas to serve on a special five person committee of former EDTX law clerks, 2013-2018

Other Distinctions

Accolades

Recognized as a Texas Super Lawyers “Rising Star,” in 2013-2016, and a “Super Lawyer” in 2017-2019.

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

Mr. Elacqua is a contributing author to Fish’s IP Law Essentials.

What You Need to Know About Motion Practice You Probably Learned in Kindergarten,” co-authored with Robert Erhlich, Fish IP Law Essentials Blog (May 26, 2020).

Monetizing Patents through Partnerships: University Partnerships with Law Firms and Industry,” co-authored with Alexander Kykta, Fish IP Law Essentials Blog (April 30, 2020).

Injunctions: Using Patents to Stop Competitors,”co-authored with Felix Eyzaguirre, Fish IP Law Essentials Blog (April 28, 2020).

Arbitration: A Way to Advance Patent Litigation During the COVID-19 Crisis,” co-authored with Karrie Wheatley, Fish IP Law Essentials Blog (April 9, 2020).

How to be FRANDly,” Managing Intellectual Property, co-author Leah Edelman (March 12, 2020).

The Changing Landscape of Fair, Reasonable and Non-Discriminatory (FRAND) Litigation,” Corporate Counsel Business Journal (September 2019).

“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).

What's trending with Ben

Filter by
Fish Litigation Blog
April 9, 2020
Arbitration: A Way to Advance Patent Litigation During the COVID-19 Crisis
Authors: Karrie Wheatley, Ph.D., Benjamin C. Elacqua
IP Litigation
IP Law Essentials
News
September 12, 2019
Q&A with Benjamin Elacqua for Corporate Counsel Business Journal
Media Mention
News
September 7, 2017
Fish & Richardson Wins Jury Verdict for Chamberlain Group
Press Release
Fish Litigation Blog
May 26, 2020
What You Need to Know About Motion Practice You Probably Learned in Kindergarten
Authors: Robert A. Ehrlich, Benjamin C. Elacqua
IP Law Essentials
Fish Litigation Blog
April 30, 2020
Monetizing Patents through Partnerships: University Partnerships with Law Firms and Industry
Authors: Alexander Kykta, Benjamin C. Elacqua
IP Law Essentials
Fish Litigation Blog
April 28, 2020
Injunctions: Using Patents to Stop Competitors
Authors: Felix A. Eyzaguirre, Benjamin C. Elacqua
IP Law Essentials
News
March 13, 2020
Benjamin Elacqua & Leah Edelman Author Article in Managing Intellectual Property, "How to be FRANDly"
Articles
Event
October 17th, 2018
2018 Eastern District of Texas (EDTX) Bench Bar Conference
Speaking Engagement
Sponsorship
News
June 4, 2018
Fish & Richardson Wins Permanent Injunction, Treble Damages, and Attorneys’ Fees for the Chamberlain Group
Press Release
Event
April 27th, 2018
Practicing Law Institute (PLI) 12th Annual Patent Law Institute
Speaking Engagement
Event
February 22nd, 2013
When Zombies Attack: Multi-District Litigation is Undead after the AIA
Speaking Engagement
Event
December 6th, 2012
24th Annual All Hands Meeting
Speaking Engagement
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