Trial lawyer with experience spanning all phases of complex litigation or regulatory investigations, including handling multijurisdictional parallel proceedings both in district courts and at the International Trade Commission (ITC).
Sought after counsel for myriad multibillion-dollar global IP disputes.
Considered a pioneer and expert in the technically and legally challenging area of SEP/FRAND licensing and litigation.
Ben is an accomplished trial lawyer who handles patent and intellectual property matters—often as lead or co-lead counsel—across a broad range of industries, particularly in the fields of telecommunications, computer software, computer hardware, medical devices, mechanical products, and consumer products. He takes a holistic approach to litigation—thoroughly understanding his client’s business, products and technology. Ben is adept at leveraging that knowledge to explain complex problems simply, identify future challenges, provide strategic analyses and insights for a client’s competitive advantage, and deliver results in and out of the courtroom.
Ben’s post-trial work includes writing and arguing post-trial motions, as well as drafting appellate briefs. He also handles proceedings and advises clients on many state-law claims, particularly as they relate to complex technical issues, as well as antitrust issues and proceedings that might implicate multidistrict litigation.
SEP and FRAND Thought Leader
Ben was intricately involved in developing and executing strategies for the largest worldwide litigation regarding cellular standard-essential patents (SEP), which settled in 2019 after two years of hard-fought litigation. He is a go-to advisor as the industry prepares for an explosion of SEP litigation and fair, reasonable, and non-discriminatory (FRAND) terms relating to 5G technology, which will likely help redefine the field of patent litigation. In addition to litigation counsel, Ben advises a broad range of companies on SEP/FRAND licensing and royalties’ strategies to help them avoid litigation entirely, or better position themselves for litigation success.
Ben is actively involved in the community, teaching a high school mock trial class and regularly coaching youth sports. His pro bono practice includes work on immigration and prisoner advocacy matters.
“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).
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).
As the firm’s designated relationship partner for a Fortune 10 consumer electronics company, Ben coordinated and helped develop the litigation strategy for an epic multi-billion-dollar global royalty and patent dispute with Qualcomm. The two-year SEP-focused battle ended in a settlement after both sides presented opening arguments in a U.S. district court in San Diego.
Ben was also counsel for the same Fortune 10 client in a years-long, multibillion-dollar dispute over mobile-device patents against Ericsson. The two parties ultimately reached a licensing agreement after the ITC trial.
As co-lead counsel in a matter before the U.S. District Court for the Northern District of Illinois, Ben helped secure a permanent injunction, treble damages and attorneys’ fees for his client, the Chamberlain Group (CGI), an industry leader in the garage door industry. Those enhanced results followed a jury verdict finding that Ryobi and parent company Techtronic Industries (TTI) willfully infringed two of CGI’s patents, initially resulting in blocked sales of certain Ryobi connected garage door until 2023, $11 million in damages, and attorneys’ fees and costs.
Not all significant results are secured before the courts. Ben helps clients, such as CGI, avoid potentially expensive litigation through proactive counseling, including in areas such as SEP/FRAND disputes surrounding an emerging smart-home technology that essentially moved CGI from the brick-and-mortar world into the realm of the Internet of Things (IoT)—and into the evolving SEP/FRAND legal environment.
Named to “The Best Lawyers in America” list by The Best Lawyers in America© in 2021.
Recognized as a Texas Super Lawyers “Rising Star,” in 2013-2016, and a “Super Lawyer” in 2017-2019.
Highlighted by Litigation Daily as a “Litigator of the Week” (June 1, 2018).
- IP Licensing, Transactions, and Agreements
- Regulatory and Government Affairs
- Commercial Litigation
- ITC Litigation
- Patent Litigation
- Trade Secret Litigation
- Trademark, Copyright, and Media Litigation
J.D. magna cum laude, Suffolk University Law School (2004) Editor-in-Chief, Journal of High Technology Review
B.A., Liberal Arts, Colorado State University (1999)
- 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
U.S. District Court for the Eastern District of Texas, The Honorable Ron Clark, 2004 - 2006
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
May 26, 2020
What You Need to Know About Motion Practice You Probably Learned in Kindergarten
Authors: Robert A. Ehrlich, Benjamin C. Elacqua
April 30, 2020
Monetizing Patents through Partnerships: University Partnerships with Law Firms and Industry
Author: Benjamin C. Elacqua
April 28, 2020
Injunctions: Using Patents to Stop Competitors
Author: Benjamin C. Elacqua
April 9, 2020
Arbitration: A Way to Advance Patent Litigation During the COVID-19 Crisis
Authors: Karrie Wheatley, Ph.D., Benjamin C. Elacqua
March 13, 2020
Benjamin Elacqua & Leah Edelman Author Article in Managing Intellectual Property, "How to be FRANDly"
September 12, 2019
Q&A with Benjamin Elacqua for Corporate Counsel Business Journal
October 17th, 2018
2018 Eastern District of Texas (EDTX) Bench Bar Conference
June 4, 2018
Fish & Richardson Wins Permanent Injunction, Treble Damages, and Attorneys’ Fees for the Chamberlain Group
April 27th, 2018
Practicing Law Institute (PLI) 12th Annual Patent Law Institute
September 7, 2017
Fish & Richardson Wins Jury Verdict for Chamberlain Group
May 19, 2016
Five Fish & Richardson Attorneys Highlighted on 2016 Texas Super Lawyers List
February 25th, 2015
Elacqua To Speak at VALCON Panel