Benjamin T. Horton manages complex litigation involving high tech patents. He has a degree in electrical engineering, and before law school he worked for technology companies in the automotive and semiconductor industries. He is a member of the Trial Bar for the Northern District of Illinois and litigates intellectual property cases in federal courts across the country. Ben also practices before the Patent Trial and Appeals Board, representing both petitioners and patent owners in inter partes review (IPR) and covered business method review (CBM) proceedings.
Ben speaks regularly on patent litigation and strategy and he is a frequent contributor to various IP publications. Since 2017, SuperLawyers, a Chicago Magazine publication, selected him as an Illinois Super Lawyer. From 2012–2016, Ben was recognized on the Illinois Rising Stars® lists, which feature top attorneys in intellectual property law. He has been selected as one of the “World’s Leading Patent Practitioners” since 2016 by Intellectual Asset Management (IAM) magazine. He was also selected as a 2015 and 2016 “Emerging Lawyer” in Emerging Lawyers Magazine as a top Illinois attorney under 40, and was profiled in the November 2016 issue. Ben has also been recognized by intellectual property publications such as InsideCounsel, Thomson Reuters, Intellectual Property Magazine, Law360, and IPPro.
Ben’s cases involve diverse industries across a wide range of technologies, including these exemplary matters:
- Representing semiconductor manufacturer in litigation with rival involving micro-electro-mechanical system (MEM) technology.
- Representing LED manufacturer against competitor in district court litigation.
- Representing patent owner in IPR proceeding, successfully defending 27 of 30 originally challenged claims against institution, the remaining claims proceeding to trial.
- Defended multi-defendant patent litigation involving cellular data packet technology.
- Represented global manufacturer in international electrical power product litigation to favorable resolution. This patent and antitrust case involved fifteen U.S. patents spanning multiple countries and hundreds of products.
- Represented patent owner in IPR proceeding, successfully defending as patentable all challenged claims through trial.
- With over $30 million at stake in a patent infringement action between HDTV component manufacturing rivals, secured non-infringement jury verdict after a three week trial.
- Secured non-infringement jury verdict after successful defense involving multiple copyrights.
- Represented author and film producer in copyright, contract, and bankruptcy dispute in federal court.
- Achieved favorable disposition in defense of global manufacturer by defeating plaintiff in the claim construction phase of patent infringement action involving arc fault circuit interrupters.
- Secured a favorable ruling and damages award for plaintiff in arbitration involving contract dispute and fraud.
- Represented global manufacturer of electronically timed construction explosives in patent infringement litigation against multiple competitors in multiple jurisdictions.
- Won summary judgment in patent infringement action in defense of overseas manufacturer of wireless tracking devices.
- Represented child safety seat manufacturer in patent infringement dispute, obtained favorable outcome with witness deposition testimony and aggressive motion practice.
- Represented manufacturer of networked air quality monitoring systems in patent infringement litigation through appeal to the Federal Circuit.
Background and Credentials
Ben specialized in microwave circuit design and antennas as an undergraduate in electrical engineering at the University of Michigan in Ann Arbor. He went on to work for Panasonic Semiconductor as a field applications engineer assisting in the design of automotive, cell phone, and display technology components. He also worked for Motorola Semiconductor as a co-op field applications engineer working with Ford Motor Company and DaimlerChrysler Corporation.
Ben received his J.D. from DePaul University College of Law and his B.S.E. in electrical engineering from the University of Michigan, with honors.
- DePaul University College of Law (J.D.)
- University of Michigan (B.S., with honors)
- Electrical Engineering
- U.S. District Court, Northern District of Illinois, Trial Bar
- U.S. District Court, Eastern District of Texas
- U.S. Court of Appeals, Federal Circuit
- Admitted to practice pro hac vice in various district courts throughout the U.S.
Publications and Presentations
- "ITC Blocks Reusable Straw Imports After Patent Probe," Law360, February 3, 2021 (featured quotes).
- "Waging the war on Counterfeits Amid a Pandemic," Co-Author, Managing Intellectual Property, December 14, 2020.
- "ITC Launches IP Probe Into Reusable Straws From China," Law360, November 13, 2019 (featured quotes).
- "Lawyers React as Federal Circuit Takes on Constitutional Conundrum," Managing Intellectual Property, November 8, 2019 (featured quotes).
- "Patent Litigation Trends to Watch in 2018," Law360, January 1, 2018 (featured quotes).
Community and Professional Involvement
- Intellectual Property Owners Association
- Intellectual Property Law Association of Chicago–Judicial Appointments Committee
- Lawyers for the Creative Arts–Pro Bono Representation
- The Richard Linn American Inn of Court
- DePaul University College of Law–Career Advisory Board
- Mentor, Chicago Intellectual Property Alliance (CIPA) Mentorship Program