Overview

Benjamin Elacqua is sought-after lead counsel for global intellectual property disputes and a co-leader of Fish's standard essential patents (SEP) practice. He handles all phases of complex litigation and regulatory investigations, including multijurisdictional parallel proceedings in U.S. district courts and at the U.S. International Trade Commission.

An accomplished first-chair trial lawyer, Ben has tried cases all over the country, including Texas, California, Illinois, and D.C. He is particularly adept in handling cases involving telecommunications, computer software, computer hardware, medical devices, chemistry arts, mechanical products, and consumer products. Ben’s notable clients include Chamberlain Group, LLC, for whom he has tried seven cases in district courts and before the ITC. 

Ben takes a holistic approach to litigation. He gains a thorough understanding of the client's business, products, and technology and then leverages that knowledge to explain complex problems simply, identify future challenges, provide strategic analyses and insights for the client’s competitive advantage, and deliver results in and out of the courtroom.

At the ITC, Ben represents both complainants and respondents in trials and post-trial proceedings, and he regularly achieves successful results in ITC matters. In addition, Ben has achieved outstanding results relating to design-arounds before U.S. Customs & Border Protection and the Court of International Trade. 

Ben is considered a pioneer in the technically and legally challenging area of SEP/FRAND licensing and litigation. He has led multiple trials related to SEPs, including developing and executing strategies for the largest worldwide litigations regarding cellular SEPs. As 5G, Wi-Fi, HEVC, and other standards technologies continue to redefine the field of patent litigation, clients rely on Ben as a go-to strategic advisor. In addition to serving as lead litigation counsel, Ben advises a broad range of companies on SEP/FRAND diligence and licensing, as well as ways to help clients avoid litigation entirely. 

Ben is actively involved in the community, teaching a high school mock trial class and regularly attending youth sports. His pro bono practice includes work on immigration, prisoner advocacy matters, and trusts and estates.

Experience

For longtime client Chamberlain Group, LLC, Ben has tried more than seven cases over the course of 12+ years, including: 


As the firm’s designated relationship partner for a Fortune 10 consumer electronics company, Ben has tried multiple cases, including coordinating and helping develop the litigation strategy for an epic global royalty and patent dispute with Qualcomm. Ben was also global counsel and lead counsel in the ITC for the same client in a global, years-long patent and contract dispute against Ericsson. The parties ultimately reached a licensing agreement after two ITC trials and a district court trial. 

Ben served as co-lead counsel in an ITC investigation involving both utility and design patents, securing a general exclusion order against a number of foreign manufacturers who were importing large numbers of infringing electronic head shaver consumer products into the U.S. 

Not all significant results are secured before the courts. Ben helps clients avoid potentially expensive litigation through proactive counseling, including in areas such as SEP/FRAND disputes surrounding emerging smart-home technology, the Internet of Things (IoT) — and the evolving SEP/FRAND legal environment. 

Professional associations

  • Planning Committee, Eastern District of Texas Bench and Bar Conference (2012-present)
  • Global Fellow, Federal Circuit Bar Association (2018-2019)
  • 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)
  • Member, Houston Intellectual Property American Inn of Court (2014-2017)