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Background

Practice Distinctions

  • 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.

About Ben

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 (SEPs), 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/Fair Reasonable and Nondiscriminatory (FRAND) litigation 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.

Community Involvement

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.

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

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.

Presentations and Publications

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).

Honorable Mention

Highlighted by Litigation Daily as a “Litigator of the Week” (June 1, 2018).

Experience

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What's trending with Ben

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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
News
September 7, 2017
Fish & Richardson Wins Jury Verdict for Chamberlain Group
Press Release
News
Fish Litigation Blog
May 26, 2020
What You Need to Know About Motion Practice You Probably Learned in Kindergarten
Blogs
IP Law Essentials
Fish Litigation Blog
April 30, 2020
Monetizing Patents through Partnerships: University Partnerships with Law Firms and Industry
Blogs
IP Law Essentials
Fish Litigation Blog
April 28, 2020
Injunctions: Using Patents to Stop Competitors
Blogs
IP Law Essentials
News
March 13, 2020
Benjamin Elacqua & Leah Edelman Author Article in Managing Intellectual Property, "How to be FRANDly"
Articles
News
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
News
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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