Benjamen C. Linden

Ben brings his intellectual curiosity, diverse experience, and technical acumen to solve a variety of challenging legal and business issues. Ben’s practice is focused in the area of intellectual property where he has represented a diverse group of clients—from solo inventors to Fortune 500 industry leaders.

He advises clients on a variety of litigation and licensing/contract matters involving patent, trade secret, contract, and copyright law. These matters encompass a wide range of technologies and services including speech codecs, wireless communications, natural language processing, graphical user interfaces, search engine optimization, and online analytics and marketing.

Ben also has extensive experience representing clients in the licensing and litigation of standard essential patents (SEPs) related to a wide variety of technologies and standards setting organizations including IEEE and ETSI. He has advised clients on every aspect of SEPs from portfolio management, sale/acquisition, licensing, and litigation through trial.

In addition to his intellectual property practice, Ben is dedicated to using his skills to help those who would not otherwise be able to access legal services through pro bono representation in immigration, criminal expungement, and criminal appeals matters.

Prior to entering private practice, Ben gained experience in a number of federal agencies through his work for the defense contractor BAE Systems, where he applied his background in computer science to support federal biometric identification programs and information technology management.

Education

• William Mitchell College of Law, J.D., magna cum laude (2012); Jessup International Law Moot Court competitor (2011)
  • Judicial Extern to the Honorable Franklin L. Noel
  • Judicial Extern to the Honorable Ann D. Montgomery, U.S. District Court, Minnesota.
• Rose-Hulman Institute of Technology, B.S. in Computer Science (2004)

Languages

Representative Matters

Medtronic, Inc. et al. v. Edwards Lifesciences Corp (D. Minn) and Medtronic, Inc. et al. v. Edwards Lifesciences Corp. (C.D. Cal.): Represented Medtronic in patent infringement matter related to heart valves. Case settled confidentially before trial.

CreateAds LLC v. Deluxe Corporation et al. (D. Del.): Represented Deluxe in defense of patent infringement action involving graphical display in e-commerce platform. Case was dismissed following early motion practice.

eDekka LLC v. Deluxe Corp. (E.D. Tex.): Represented Deluxe in defense of patent infringement action involving order processing in e-commerce platform. 

Affinity Labs of Texas, LLC v. Blackberry (N.D. Cal.): Represented a patent holder, Affinity Labs, in part of an industry-wide enforcement campaign of patents relating to video and audio compression, transmitting, and streaming systems and methods—foundational to modern automotive infotainment systems. Case settled confidentially.

Certain LTE- and 3G-Compliant Cellular Communications Devices; Inv. No. 337-TA-1138: Represented INVT in seeking an exclusion order at the International Trade Commission (ITC) against leading mobile device manufacturers. The ITC matter was appealed to the Federal Circuit. 

Field Intelligence, Inc. v. Xylem Dewatering Solutions, Inc. (D.N.J. 1:19-cv-20590) and Xylem Dewatering Solutions, Inc. v. Field Intelligence, Inc. (AAA 01-21-0000-3099): Counsel for Xylem Dewatering Solutions involving claims of breach of contract of a services supply contract, trade secret misappropriation, and breach of the implied covenant of good faith and fair dealing for the development and supply of remote monitoring systems for large capacity water pumps. Following denial of Field Intelligence’s motion for a preliminary injunction and commencement of discovery, Xylem initiated arbitration pursuant to a separately implicated NDA and the parties cross-moved to stay the district court case or enjoin the arbitration. The district court enjoined the arbitration, and Xylem appealed. The Third Circuit Court of Appeals reversed the district court, vacated the injunction entered by the district court that stayed the arbitration, and remanded for consideration of a stay of proceedings. Field Intelligence, Inc, v. Xylem Dewatering Solutions Inc., No. 21-2087 (3d. Cir. Sept. 13, 2022). Following the decision of the Third Circuit, the case settled on confidential terms.

Wapp Tech Limited Partnership v. Wells Fargo Bank, N.A. (E.D. Tex. No. 4:21-cv-00671) and Wapp Tech Limited Partnership v. Bank of America N.A. (E.D. Tex. No. 4:21-cv-00670): Represented plaintiff Wapp Tech in a patent infringement litigation against Wells Fargo and Bank of America in the U.S. District Court for the Eastern District of Texas. Asserted infringement of five patents covering technologies relating to mobile application development and testing. Each case resolved successfully on confidential terms prior to trial.

MPAY Inc. v. Erie Custom Computer Applications, Inc.: Trial counsel for Defendants Erie Custom Computer Applications, Inc. and Payroll World, Inc. in a significant software licensing dispute involving claims of copyright infringement, trade secret misappropriation, tortious interference with prospective economic advantage, and breach of contract. Obtained a complete defense verdict in seven-day jury trial leading to dismissal of all claims.  

TQ Delta in TQ Delta, LLC v. 2Wire, Inc.: Trial counsel for plaintiff TQ Delta involving a patent addressing line bonding technology used by Digital Subscriber Line (DSL) modems that allows an Internet service provider to double transmission speed. Venued in the District of Delaware. At trial, a jury found defendant 2Wire infringed the patent asserted by TQ Delta and that the patent was not invalid. 

TQ Delta, LLC v. 2Wire, Inc.: Trial counsel for plaintiff TQ Delta involving patents addressing memory sharing for data packet transmission used by Digital Subscriber Line (DSL) modems. Venued in the District of Delaware. At trial, a jury found defendant 2Wire infringed three TQ Delta patents and that the patents were not invalid.

• Listed in The Best Lawyers in America: Ones to Watch (2023 edition)
• Named an "Attorney of the Year," Minnesota Lawyer (2022)
• Named a “Minnesota Rising Star,” Super Lawyers (2016-2022)
• Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2015-2016, 2023)
• As a third year law student, Ben was recognized for his excellence in the study of federal law and practice by receiving the 2012 “Harry A. Sieben Award” from the Minnesota Chapter of the Federal Bar Association.

Civic

Ben is committed to pro bono work, and has been dedicated to giving back to the community beginning even before he graduated law school; while at William Mitchell, Ben volunteered as a student clerk at the Federal Public Defenders Office. He has continued his volunteer work in the area of criminal law as a current Special Assistant State Public Defender and continues to expand his pro bono experience into the area of immigration law.

Professional

• American Intellectual Property Law Association
• Intellectual Property Owners Association
• Minnesota State Bar Association
• Federal Bar Association, Minnesota Chapter

Speeches

• Learning from License Agreement Disputes: Insights and Lessons Learned to Improve Your Contracts and Mitigate Risk; Lessons Learned in Licensing
  Licensing Executives Society, Ames, Iowa (May 20, 2024)
• Litigation Lessons: Pitfalls for Drafting and Administering IP License Agreements
  Tennessee Intellectual Property Law Association, Nashville, Tennessee (November 10, 2023)
• Language in License Agreements: Insights and Lessons Learned
  Licensing Executives Society, Minneapolis, Minnesota (October 11, 2023)

Articles

• "Making a Case for Trade Secret Misappropriation in the US," IAM (August 7, 2024)
• "Data Shows Most SEP Holders Send Pre-suit Demand Letters – For Good Reason," IAM (November 28, 2023)

Media Mentions

• "What Does the Federal Circuit’s Antisuit Injunction Ruling Mean for Global SEP Strategy?," IAM (November 1, 2024)
• "2022 Attorneys of the Year: MPAY v. Erie Custom Computer Applications Inc., and Payroll World, Inc." Minnesota Lawyer (February 16, 2023)