Ben Smiley is an associate in the firm’s Intellectual Property Group and Securities Litigation, Enforcement, and White-Collar Group. Mr. Smiley focuses his practice on intellectual property litigation. He has experience with patent, copyright, and trademark infringement; licensing; and trade secret litigation in federal and state court, before the International Trade Commission, and in private arbitration. Mr. Smiley’s matters have included technologies such as signal processing, semiconductor fabrication, memory design, printer firmware, and digital cameras.
Mr. Smiley also maintains an extensive pro bono practice and has represented pro bono clients in state and federal courts as well as before administrative agencies. Mr. Smiley’s practice also includes supporting the firm’s insolvency and restructuring practice when bankruptcy matters involve actively litigated disputes.
Before joining Morrison & Foerster, Mr. Smiley served as a staff attorney at the Texas Defender Service in Austin, Texas, assisting with trial preparation and appellate work on behalf of capital defendants. Mr. Smiley also interned at the Miami-Dade County State Attorney’s Office.
Mr. Smiley graduated summa cum laude from Rice University with degrees in mathematics and mathematical economic analysis.
Round Rock Research v. Canon Inc., et al.(District of Delaware). Represent intervenor Fujitsu Semiconductor in four patent infringement cases.
Confidential Arbitrations Regarding Patent Licenses.Represented international corporations in private arbitrations regarding patent cross-licenses with competitors.
GIM v. A&E Television Network; GIM v. HBO(Southern District of New York). Represent AETN and HBO in separate cases brought by common non-practicing entity.
CCP Systems AG v. Samsung Electronics Company(District of New Jersey). Represent CCP in software copyright and trademark dispute.
Eastman Kodak v. Ricoh Company, Ltd.(Southern District of New York). Represent Ricoh in patent license dispute arising out of acquisition of Pentax.
De Jesus et al. v. PS Brothers Gourment et al.(Southern District of New York). Represent ten restaurant workers that were not paid minimum wage or required overtime.
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