Profile
Benjamin P. Gilford focuses his practice on a broad range of intellectual property matters, including procurement and enforcement of patent, copyright, and trademark rights, with a particular focus on patent and trademark litigation. Ben has experience with complex patent litigation cases in federal district courts throughout the country, including both enforcing patent rights and defending against charges of infringement on behalf of clients.
Ben’s litigation experience has covered a wide range of technology areas, including computer hardware and software, medical devices, remote controls, sporting goods, protective equipment, food packaging, power tools, and other consumer and industrial electronics and mechanical devices. His experience includes all aspects of patent, trademark, and trade secret litigation, from pre-litigation investigation and preparation of pleadings through all phases of discovery, motion practice, claim construction and summary judgment hearings, trial, and appeals. Ben also advises clients on the clearance and selection of trademarks and prosecutes domestic patent, trademark, and copyright applications.
Concentrations
- Patent, trademark, and trade secret litigation
- Patent appeals
- Patent prosecution and opinions
- Trademark clearance and selection
- Trademark and copyright prosecution
Capabilities
Experience
- Chervon (HK) Limited v. One World Techs., Inc. et al., No. 19cv1293 (D. Del. / PTAB): Representation of Chervon in the enforcement of a nine-patent infringement action involving lawn mower technology. Successfully defended all nine of Chervon’s patents in inter partes review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).
- Sgromo v. Target Brands Inc., No. 20cv1030 / No. 2021-1702 (D. Minn./Fed. Cir.): Representation of Target in the defense of a three-patent infringement action involving bubble and inflatable products. Obtained a dismissal for lack of subject matter jurisdiction and an affirmance on appeal.
- Klein Tools, Inc. v. IDEAL Industries, Inc., No. 19cv3604 (N.D. Ill.): Representation of IDEAL in the defense of a five-patent infringement action involving laser marking technology. Obtained a settlement without trial.
- All-Cell Techs. v. Chervon North America, Inc., No. 18cv1419 (N.D. Ill.): Representation of Chervon in the defense of a four-patent infringement action involving battery technology. Obtained a settlement without trial.
- Wi-LAN, Inc. v. LG Electronics, Inc. et al., No. 18cv1577 (S.D. Cal.): Representation of LG in the defense of a four-patent infringement action involving wireless communication technology. Obtained a summary judgment of no willful infringement and noninfringement based on patent exhaustion and a settlement without trial.
- In re: Gates, 18-2331 (Fed. Cir.): Representation of Universal Electronics in the appeal of the PTAB’s rejection of a patent application relating to remote control technology. Obtained a reversal of the rejection.
- The Brain Technologies, LP v. AnyLogic North America, LLC, No. 17cv6574 (N.D. Ill.): Representation of AnyLogic in the defense of a patent infringement action involving computer display organization software. Obtained a dismissal for lack of subject matter jurisdiction.
- Standard Textile Co., Inc. v. J&R United Industries, Inc., No. 17cv61815 (S.D. Fla.): Representation of J&R in the defense of a patent infringement action involving bed sheet technology. Obtained a settlement without trial.
- Riddell, Inc. v. Kranos Corp. d/b/a Schutt Sports, No. 16cv4496 (N.D. Ill.): Representation of Schutt Sports in the defense of a three-patent infringement action involving protective helmets and fasteners. Obtained a settlement after trial.
- Security5, LLC v. Revolar Inc., No. 16cv1645 (S.D. Cal.): Representation of Revolar in the defense of a patent infringement action involving portable security devices.
- Riddell, Inc. v. Rawlings Sporting Goods, Inc., No. 15cv71 (N.D. Ill.): Representation of Rawlings in the defense of a four-patent infringement action involving protective helmets and shoulder pads. Obtained a settlement without trial.
- Intercontinental Great Brands LLC v. Kellogg North America Co. et al., No. 13cv321 / Nos. 2015-2082, 2015-2084 (N.D. Ill./Fed. Cir.): Representation of Kellogg in the defense of a patent infringement action involving resealable packaging technology. Obtained summary judgment of invalidity and no literal infringement and an affirmance on appeal.
- Exergen Corporation v. Brooklands, Inc., No. 12cv12243 (D. Mass.): Representation of Brooklands in the defense of a patent infringement action involving temporal artery thermometers. Obtained summary judgment of invalidity.
- Represented an international eyewear brand in the enforcement of its trademarks in a trademark infringement, trademark counterfeiting, and unfair competition action.
- Represented a real estate company in the enforcement of its trademarks in a trademark infringement and unfair competition action. Obtained a settlement and permanent injunction without trial.
- Caesars Enterprise Services, LLC v. Tipping Point Gaming, LLC, No. A-18-769136-B (Nev.): Representation of Caesars in the defense of trade secret counterclaims. Obtained a dismissal of trade secret counterclaims and a $950,000.00 fees award.
- ISACA v. Telecommunication Systems, Inc. et al., No. 17cv2066 (N.D. Ill.): Representation of ISACA in an action for injunctive and declaratory relief. Obtained a settlement without trial.
- VitalGo, Inc. v. Kreg Therapeutics, Inc. et al., No. 16cv5577 (N.D. Ill.): Representation of VitalGo in the enforcement of its copyrights and trademarks in a copyright infringement, trademark infringement, and unfair competition action. Obtained a settlement without trial.
- Springboards to Education, Inc. v. W.W. Grainger, Inc., 16cv2398 (N.D. Tex.): Representation of W.W. Grainger in the defense of a trademark infringement and unfair competition action. Obtained a dismissal of all claims without trial.
- UL LLC v. Swagway, LLC et al., No. 16cv0075 (N.D. Ind.): Representation of UL in the enforcement of its “UL” trademarks in a trademark infringement, trademark counterfeiting, and unfair competition action. Obtained a settlement and permanent injunction without trial.
- Represented a chemical manufacturer in the defense of a trade secret action involving bone cement formulations. Obtained a settlement without trial.
- Represented a national benefits, insurance, and wealth management services provider in a trademark infringement action involving infringement of the company’s logo. Obtained a preliminary injunction and settlement without trial.
- Law Clerk, Cook County State's Attorney's Office, Summer 2009
Recognition & Leadership
- Listed, The Best Lawyers in America, "Ones to Watch," 2021-2024
- Intellectual Property Law, 2021-2024
- Litigation - Intellectual Property, 2021-2024
- Patent Law, 2022-2024
- Listed, IAM magazine, "IAM Patent 1000," Litigation, 2023
Credentials
Education
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J.D., cum laude, Chicago-Kent College of Law, Illinois Institute of Technology, 2013
- Managing Editor, Chicago-Kent Journal of Intellectual Property
- Member, Intellectual Property Law Society
- Team Member, Saul Lefkowitz Moot Court Competition, 2011-2012
- B.S., Biomedical Engineering, Washington University in St. Louis, 2010
Admissions
- Illinois
- Minnesota
- U.S. Patent and Trademark Office