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Benjamin Simler

Associate

555 17th Street, Suite 3200, Denver, CO 80202

Ben’s practice focuses on litigating and resolving complex business disputes and intellectual property and technology-related issues.

Ben guides and represents clients in litigation, dispute resolution, and risk management so that they can focus on what matters most—their core business. His clients span the globe and are leaders in their industries, including aerospace, internet/networking, energy and natural resources, real estate, manufacturing, automotive, apparel, software, semiconductors, healthcare, chemical, food & beverage, finance, and biotechnology. Ben helps his clients resolve all kinds of competitive and legal threats, but focuses primarily on matters involving patents, trademarks, copyrights, trade secrets, false advertising, contracts, and complex litigation (including class action defense).

Ben has a professional background in Internet-related technologies, having founded and run his own software and web design companies before beginning his legal practice. He also has experience working in the field of embedded and networked sensor technologies and in the real estate industry.

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Experience

Ben has represented clients in matters before the following tribunals, among others:

Federal
  • U.S. Federal District Courts of California, Colorado, Delaware, Idaho, Indiana, Massachusetts, Montana, Nevada, New Jersey, Texas, Utah, Virginia, Washington, and Wyoming
  • Tenth Circuit Court of Appeals
  • Federal Circuit Court of Appeals
  • United States Supreme Court
State Courts 
  • California State Courts 
  • Colorado District Courts 
  • Minnesota State Courts
Administrative forums
  • Trademark Trials and Appeals Board 
  • Patent Trials and Appeals Board 
  • International Trade Commission 
Arbitration and Mediation
  • Judicial Arbitration and Mediation Services, Inc. (JAMS)
  • American Arbitration Association (AAA)
  • Singapore International Arbitration Centre (SIAC)

Client Results

  • Bridgestone Americas Tire Operations, LLC v. Bridgeport-Schrader et al, (D. Delaware).  Counsel for defendants in a patent infringement dispute involving power savings technologies in TPMS sensors. Won a verdict of non-infringement on all products and claims after a two-week jury trial.

  • DCM Systems v. IntelliTec College (D. Mass.). Counsel for defendant in copyright dispute. Won motion to dismiss.

  • Harris v. Meiling (D. Nev.; C.D. Cal.; Orange Cty. Sup. Ct.).  Counsel for defendant in case alleging fraud in connection with sale of business in receivership.  Successfuly removed putative class action from state court, obtained transfer of action to District of Nevada, and subsequently won dismissal of action in its entirety.

  • Floyds 99 Holdings, LLC v. Diesel Barbershop, LLC et al. (W.D. Tex.).  Counsel for plaintiff in trade dress infringement dispute.  Obtained favorable settlement.

  • Server Technologies, Inc. v. American Power Co. (D. Nevada). Counsel for plaintiff in several disputes involving power distribution units in data centers. Won a $13 million verdict after a two-week jury trial.

  • Honeywell v. The Code Corp / In re Certain Bar Code Readers, Scan Engines, Products Containing the Same, and Components Thereof (ITC).  Counsel for defendant in Section 337 investigation involving several patents related to bar code scanner technology.  Obtained favorable settlement before trial.

  • Energy Heating, LLC v. Heat-on-The-Fly, LLC.  Counsel for third party defendant in patent and trademark dispute involving hydraulic fracturing technology. Won counterclaims of invalidity and unenforceablity on summary judgment and at trial, affirmed on appeal in published opinion. 889 F.3d 1291 (Fed. Cir. 2018). Obtained judgment awarding client’s attorneys fees.

  • Counsel for defendant/counterclaimant in international arbitration involving alleged trademark infringement and breaches of contract in franchise termination dispute.  Obtained favorable settlement before hearing.

  • RxRevu, Inc. v. Blakeslee (Colo. Dist. Ct.). Counsel for plaintiff in trade secret misappropriation and breach of non-compete contract.  Successfully obtained contested preliminary injunction after evidentiary hearing, and later obtained permanent injunction on same terms by stipulation.

  • Elite Neuromonitoring LLC v. Ascent Medical, LLC et al. (Colo. Dist. Ct.).  Counsel for plaintiff in trade secret and unpaid wage dispute.  Obtained favorable settlement.

  • United States Welding, Inc. v. TECSYS, Inc. (D. Colo.). Counsel for defendant in case alleging fraud and breach of contract in connection with sale and implementation of ERP software.  Won all claims after a two-week jury trial, and obtained judgment awarding client’s attorneys fees.

  • In re TLI Communications (D. Del.; E.D. Va.). Counsel for a defendant in multi-district patent litigation related to organization and storage of image files from mobile devices to cloud environment.  Obtained favorable settlement before decision on motion to dismiss.

  • United Social Sports, Inc. v. Major League Bocce, LLC (TTAB).  Counsel for trademark owner in cancellation action alleging fraud and lack of secondary meaning.  Won on all claims after administrative trial.

News

Publications

Education

Bar Admissions

Court Admissions

Recognition

  • Best Lawyers: Ones To Watch, Intellectual Property Law; Litigation - Intellectual Property, 2021

Professional and Civic Affiliations

  • Member, Faculty of Federal Advocates
  • Volunteer, U.S. District Court for District of Colorado, Civil Pro Bono Panel
  • Volunteer, Colorado Attorneys For the Arts
  • Board Member, B’nai Havurah
  • Volunteer, Lawyers in the Classroom (inactive)
  • Volunteer, Alliance for Children’s Rights (inactive)
  • Volunteer, Colorado Lawyers Committee (inactive)
  • Volunteer, Public Counsel (inactive)
  • American Bar Association, Intellectual Property Litigation Section (inactive)
  • Colorado Bar Association (inactive)
  • Denver Bar Association (inactive)
  • Colorado Intellectual Property American Inns of Court (inactive)
  • Beverly Hills Bar Association (inactive)
  • Century City Bar Association (inactive)
  • Los Angeles County Bar Association (inactive)
  • Intellectual Property Owners Association, Trade Secret Standing Committee (inactive)
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