Profile
Ben Schladweiler litigates complex commercial and intellectual property disputes in federal and state courts throughout the nation, with a particular focus on complex patent litigation in the United District Court for the District of Delaware, where he has litigated hundreds of matters and more than a dozen patent trials. Ben has more than 15 years of experience representing clients in matters arising from diverse technologies, ranging from the electronic arts (including software and semi-conductors) to pharmaceuticals to medical devices. In addition to patents, Ben has tried trademark, trade secret, and false advertising matters, including successfully litigating numerous preliminary injunctions and TROs. He also been involved in a number of antitrust and other complex commercial litigations.
Prior to law school, Ben worked for years as an environmental epidemiologist for an engineering firm performing and reviewing human health risk assessments.
Concentrations
- Patent litigation
- Trademark/false advertising/trade secret litigation and counseling
- Antitrust and commercial litigation
Capabilities
Experience
- Represented large telecommunications company in defense of patent infringement claims following a jury trial in the District of Delaware.
- Represented medical device company in 2 week patent jury trial concerning a uterine ablation device.
- One of three trial attorneys who represented pharmaceutical company in a billion dollar patent infringement action in the District of New Jersey concerning the blockbuster drug.°
- Represent fitness company in defense of patent infringement claims covering multiple patents.
- Represented two pharmaceutical companies in a 2-day bench trial concerning a generic propofol injectable emulsion product.°
- Represented small semiconductor company in a 5-day patent jury trial.°
- Represented telecommunications company in a large 14 patent case spanning various technologies.
- Represented large electronics company in patent litigation involving more than 1,600 accused products.°
- Represented pharmaceutical company in the U.S. Court of Appeals for the Federal Circuit as part of an appellate team that reversed a summary judgment of non-infringement in litigation concerning a blockbuster drug.°
- Led defense of a large, multi-national chemical company in trademark litigation pending in the District of Delaware, defeating preliminary injunction motion.
- Represented medical device company in a 2 week jury trial involving unfair competition and false advertising claims.
- Represent fitness company in litigation involving claims of false advertising and unfair competition.
- Lead counsel for ticket brokerage firm in trademark litigation that resulted in settlement. °
- Counsels numerous companies (including restaurant chains, chemical companies, and fund managers) on building and protecting their brands and trademark portfolios.
- Lead counsel for large telecommunications company in shareholder litigation in Delaware Chancery Court.
- Lead counsel for electronic payment company in contractual dispute with competitor in Delaware Chancery Court, which resulted in a successful motion for summary judgment to compel arbitration.
- Represented payment company as first-chair counsel in technology license cases in both federal and state courts.°
- Represented social media company in a set of related anti-trust cases involving virtual currency and online gaming.°
- Acted as lead attorney in a prisoner civil rights suit that led to a settlement for his client.
°The above representations were handled by Mr. Schladweiler prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Selected, Delaware Today, “Top Lawyers – Intellectual Property Law,” 2023
- Listed,Chambers USA Guide, 2021-2023
- “Up and Coming,” 2017
- Ranked 34th by Patexia amongst the Top 100 Most Active Local Counsel (Representing Defendants) for ANDA Litigation, 2022
- Ranked 63rd overall by Patexia amongst the Top 100 Most Active Local Counsel (Representing Plaintiffs or Defendants) for ANDA Litigation, 2022
- Listed, Managing Intellectual Property, "Top Attorneys: Number of New U.S. District Court Patent Cases – Defendants," H1 2018
- Listed, Super Lawyers magazine, Delaware Super Lawyers, "Rising Star – IP Litigation," 2015
- Member, American Bar Association
- Member, Delaware Bar Association
- Member, Federal Bar Association
- Member, Federal Circuit Bar Association
Credentials
-
J.D., magna cum laude, Temple University Beasley School of Law
- Lead Articles Editor, Temple Law Review
- M.P.H., Environmental Health, with honors, Emory University, Rollins School of Public Health
- B.S., Biochemistry, with honors, Minnesota State University
- Delaware
- U.S. District Court for the District of Delaware
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Third Circuit