Ben M. Davidson has over 22 years of experience in litigation of intellectual property matters, including patent, trademark, copyright, and trade secret disputes. He has successfully served as trial counsel to Fortune 500 companies such as Daimler AG, Procter & Gamble, and Spin Master Ltd., artists such as Sir Sean Connery and Andrew Leicester, and inventors, such as UCLA heart surgeon, Dr. Gerald Buckberg. Mr. Davidson was an Examiner at the U.S. Patent & Trademark Office for four years before graduating with highest honors from The George Washington University Law School in 1995. He has been interviewed as an expert in IP litigation and appeals by publications such as The Wall Street Journal, the Daily Journal, American Lawyer, and Law360.
From 1990 to 1994, Mr. Davidson was a patent examiner with the U.S. Patent & Trademark Office, where he examined applications involving power regulation and power conversion technology. Mr. Davidson is admitted to practice before the U.S. Patent & Trademark Office and represents clients in Patent Office proceedings, including reexaminations and reviews of patents that are the subject of concurrent district court litigation.
Since 1995, Mr. Davidson has been a member of the American Intellectual Property Law Association (“AIPLA”). Mr. Davidson graduated with highest honors in 1995 from the George Washington University Law School, where he was a member of the Law Review.
REPRESENTATIVE MATTERS
Game & Toy Industry
On behalf of a leading manufacturer of toys and games, obtained verdict of infringement and validity of a trademark in an action involving board games, card games, and humor books. In another matter, on behalf of another leading manufacturer of construction toys, obtained TRO against enforcement of registered trademark to prevent importation of competing toys.
Daimler AG and Mercedes-Benz USA
Obtained summary judgment of non-infringement on behalf of Daimler AG and Mercedes-Benz USA in patent infringement litigation in the Central District of California. The case involves methods of operating internal combustion engines and controlling engine emissions.
Litigation Involving Breach of Patent Licensing Agreement
Successfully represented inventor of cardio-thoracic surgical devices in California Court of Appeal against leading biomedical devices manufacturer in a lawsuit involving breach of a patent licensing agreement.
Litigation Involving Copyright Infringement
Successfully represented Japanese company in litigation involving issues of copyright infringement.
Litigation involving copyright and idea submission issues
Obtained a dismissal of all claims as lead counsel for Sir Sean Connery and a major motion picture studio in copyright infringement and idea submission litigation relating to the blockbuster movie The Rock.
Litigation involving vented plastic containers
Successfully represented Procter & Gamble in a multi-jurisdictional, multiple patent infringement lawsuit relating to a multi-layered, plastic container for roast and ground coffee. The litigation involved four lawsuits, two reexamination proceedings and an appeal to the U.S. Court of Appeal for the Federal Circuit. After the USPTO twice confirmed the validity of all claims in both reexamination proceedings and the U.S. Court of Appeals for the Federal Circuit reversed a stay in one of the lawsuits, the litigation settled on confidential terms.
Patent infringement case regarding database technology
Successfully represented corporation providing software solutions in the Western District of Texas against company with patents on method of querying databases through the Internet. Mr. Davidson prevailed on claim construction after an evidentiary hearing involving expert testimony.
Patent infringement regarding GPS technology
Lead counsel in representation of a leading advertising company accused of inducing infringement of patents on technology for delivering advertising on GPS monitors. Obtained dismissal of all claims.
Patent infringement litigation regarding compact disc technology
Represented a leading consumer electronics company and its licensing entity in a trial leading to a judgment of infringement of patents on compact disc technology and a dismissal of antitrust counterclaims.
Patent infringement litigation regarding control system technology
Represented a Fortune 100 entertainment company in a lawsuit regarding a patented control system technology for amusement rides. Obtained a favorable resolution of the case after prevailing on claim construction motions.
Patent infringement litigation regarding diesel engine technology
Represented a Fortune 100 company in a patent infringement case involving methods of operating internal combustion engines.
Trademark infringement, dilution and cybersquatting defense
On behalf of a real estate developer, manager and broker, obtained a complete summary judgment defense on a law firm plaintiff’s infringement, cybersquatting and dilution claims, along with a partial award of the developer’s attorneys’ fees and costs.
Patent infringement litigation regarding exercise device patents
Obtained preliminary injunctions on behalf of owners of patented technology for a well-known abdominal exercise device in a series of lawsuits against national retail chains and infomercial companies that were selling infringing products.
Patent infringement litigation regarding LASIK surgical instruments
Retained by medical device manufacturer after prior counsel failed to obtain favorable claim construction ruling in a case involving patents covering LASIK surgical instruments. Successfully persuaded District Court to reconsider and modify its claim construction ruling. Case was favorably resolved after discovery regarding enforcement activities by patentee.
REPRESENTATIVE DECISIONS
DiscoVision Assocs. v. Disc Mfg., 25 F. Supp. 2d 301 (D. Del. 1998)
Ride & Show Eng’g, Inc. v. Walt Disney Parks & Resorts, L.L.C., 2005 U.S. Dist. LEXIS 49657 (C.D. Cal. 2005)
Buckberg v. Edwards Lifesciences Research Med., 2011 Cal. App. Unpub. LEXIS 4404 (Cal. App. 2d Dist. 2011)
Spin Master, LTD. v. Zobmondo Entm’t, LLC, 778 F. Supp. 2d 1052 (C.D. Cal. 2011)
Ketab Corp. v. Mesriani Law Grp., 2015 U.S. Dist. LEXIS 182184 (C.D. Cal. 2015)
Essociate, Inc. v. 4355768 Can. Inc., 2015 U.S. Dist. LEXIS 18568 (C.D. Cal. 2015)
Remax, LLC v. Le, 2014 U.S. Dist. LEXIS 4689 (N.D. Cal. 2014)
Carve Designs, Inc v. Australian Apparel Pty. Ltd., 2016 U.S. Dist. LEXIS 153840 (C.D. Cal. 2016)
COURTS & ADJUDICATIVE BODIES
United States Court of Appeals for the Federal Circuit
United States Court of Appeals for the Ninth Circuit
United States District Court for the Central District of California
United States District Court for the Eastern District of California
United States District Court for the Northern District of California
United States District Court for the Southern District of California
United States District Court for the Eastern District of Texas
United States District Court for the District of Arizona
United States District Court for the Western District of Wisconsin
United States Patent and Trademark Office
PROFESSIONAL AFFILIATIONS
Member, American Intellectual Property Law Association
Member, Los Angeles Intellectual Property Law Association
Member, Japan America Society
Member, Los Angeles County Bar Association
PRO BONO
Mr. Davidson provides pro bono legal support to the Los Angeles community through several organizations, including Public Counsel, Bet Tzedek Legal Services, and Inner City Law Center. In 2003, Mr. Davidson was named “Advocate of the Year” by Public Counsel for successfully serving as trial counsel in lengthy immigration trial on behalf of a refugee. Mr. Davidson also volunteers as a deputy prosecutor for the Anaheim City Attorney’s Office through the Los Angeles County Bar Association’s Trial Advocacy Project.
PUBLICATIONS & SPEAKING ENGAGEMENTS
“Unfair Competition Disputes Based on False Attribution of Creative Content.” ABA Section of Litigation Business Torts Journal (Fall 2009).
“When Warnings Don’t Work: Dealing With Independent Jury Research”, Los Angeles Daily Journal (November 30, 2011)
“Seven Ways Companies Can Cut Costs In Patent Litigation”, Los Angeles Daily Journal (September 6, 2011)
Lecture on Civil Procedure Before Trial, Southwestern Law School (September 2012)
“Trends in Intellectual Property Litigation.” JAMS (July 2006). Roundtable speaker.
“New Judge Tested In Apple-Samsung trial”, Los Angeles Daily Journal (August 3, 2012)
“Weighing Obviousness: The U.S. Supreme Court Issues a Decision That May Make It More Difficult to Patent Some Inventions.” C&EN (June 11, 2007).
“KSR v Teleflex Causes Uncertainty.” IP Law360 (May 2007).