Ben Kleinman is an experienced litigation attorney and registered patent attorney. He focuses his practice on patent litigation, including inter partes review proceedings, and complex civil litigation. He has particular expertise in software, computer architectures, consumer electronic devices, financial products, licensing disputes, consumer products, NDA counseling, and trade secret disputes. Mr. Kleinman has also litigated before district and appellate courts in pro bono cases relating to prisoner rights and immigration matters.
Prior to joining the firm, Mr. Kleinman worked as an associate in the Palo Alto and San Francisco offices of other law firms. While attending New York University School of Law, Mr. Kleinman participated in the Civil Rights Litigation Clinic and Mediation Clinic, was a managing editor of the law school newspaper, and taught in NYU’s High School Law Institute. Before law school, he had a career in business and technology, working as a developer, a business analyst, and then a product-line manager at Reuters (now Thomson Reuters).
Mr. Kleinman earned his J.D. from New York University School of Law. He earned his B.S. in Computer Science and Mathematics, summa cum laude, from Tulane University and studied theoretical computer science as a Marshall Scholar at the University of Edinburgh, Scotland.
Mr. Kleinman has authored and been a contributing author to several articles on privacy, antitrust, trademarks, and patent damages, and was a contributing author to the ABA Annual Review of Intellectual Property Law Developments from 2008 until the Review’s discontinuation after 2011.
Lead mass action asserting civil rights claims on behalf of group of homeless individuals pro bono against municipality to halt illegal eviction. Successfully resolved with resettlement payments to individual plaintiffs. (N.D. Cal.)
Served as counsel for AirWatch, a leader in mobile device management, in defense of claims of infringement related to accessing, manipulating, monitoring, protecting and synchronizing data and software over a network across multiple devices.
Represented defendant Adobe in a patent infringement case involving distributed storage systems. Case settled shortly after Adobe successfully moved to disqualify opposing counsel from representing plaintiff. Parallel Iron, LLC v. Adobe Systems Incorporated, No. 1:12-cv-00874 (D. Del. filed July 12, 2012).
We defended Motorola against Fujifilm's assertion of five patents relating to digital cameras and the transmission of files through a cell phone. After summary judgment and a two week jury trial in San Francisco, Motorola prevailed on four of the five patents (proving two of the patents invalid and not infringed, one patent not infringed, and one patent invalid), and excluded willful infringement or injunctive relief. Through ex parte reexamination proceedings, Kilpatrick Townsend invalidated the fifth patent. Fujifilm Corporation v. Motorola Mobility LLC, No. 3:12-cv-3587 (N.D. Cal. filed July 10, 2012).
Thought, Inc. v. Oracle Corporation. Successfully defended patent infringement case in the Northern District of California for client Oracle against Thought, Inc. involving seven patents for object-to-relational mapping technology. Over a three-year period, we defeated a claim for $130 million dollars in damages by (1) invalidating three patents in IPR proceedings; (2) obtaining voluntarily dismissals of three more patents; and (3) obtaining summary judgment of non-infringement of the final patent. Case upheld on appeal before the Federal Circuit.
Insights View All
New York University School of Law, J.D. (2008) Review of Law & Social Change, Articles Selection Editor
Tulane University, B.S., Computer Science and Mathematics (1996) summa cum laude
U.S. Patent and Trademark Office (2010)
U.S. District Court for the Central District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Northern District of California
U.S. District Court for the Southern District of California
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Federal Circuit
American Bar Association, Intellectual Property Law
San Francisco Association of Business Trial Lawyers, Member
Law Students for Reproductive Justice, Alumni Network Committee
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.