Biography

Benjamin Elacqua is a principal and patent trial attorney in the Houston office of Fish & Richardson. His practice emphasizes patent and intellectual property matters, including representing clients in litigation involving a wide range of technologies across many industries, particularly in the fields of computer software, computer hardware, medical devices, mechanical products, and consumer products. Mr. Elacqua’s primary practice involves managing complex patent litigations and providing strategic analysis to his clients. He also has significant experience in front of the United States International Trade Commission in Section 337 proceedings.

An accomplished patent litigator, Mr. Elacqua’s experience spans all phases of a complex patent case, including pre-suit investigations, analyzing complicated claim constructions, and managing complex discovery, including expert discovery. This considerable experience includes arguing Markman hearings, as well as other pre-trial hearings. Mr. Elacqua also has extensive jury trial experience, including witness examinations at trial. Mr. Elacqua’s post-trial work includes writing and arguing of post-trial motions, as well as the drafting of appellate briefs.

In connection with his patent trial practice, Mr. Elacqua has advised clients in patent licensing and patent portfolio management and has advised clients in reexamination proceedings before the United States Patent and Trademark Office. Mr. Elacqua is familiar with issues relating to standards essential patents, including litigating standards essential patents in Courts around the world and handling the complexities of issues surrounding FRAND negotiations.

Following law school, Mr. Elacqua was a Law Clerk for Judge Ron Clark of the United States District Court for the Eastern District of Texas. In 2008, Mr. Elacqua volunteered as a prosecutor at the City of Houston Municipal Courts, obtaining first-chair jury-trial experience in Class C misdemeanor cases.

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