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Benjamin Christoff

Associate

bchristoff@crowell.com
Phone: +1 202.688.3515
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Benjamin Christoff is an associate in Crowell & Moring's Intellectual Property Group.

Ben has litigated IP cases in courts around the country. His cases have involved a broad array of technologies, including medical devices, bone and tissue grafting, digital rights management, computer networking and storage systems, Power over Ethernet, and countertop materials, among others. In addition to his in-court trial experience, Ben has successfully completed the National Institute for Trial Advocacy’s Building Trial Skills Course.

He is a frequent commentator on IP issues, and has co-authored the popular Patent Law In a Nutshell, as well as a number of other IP law related publications. He also speaks on IP law issues and has guest lectured for the George Washington University Patent Law course. In law school, Ben won the Francis J. Conte award for his law review comment on the 2011 America Invents Act. Ben maintains an active pro bono docket of criminal, veterans’ benefits, and immigration cases.

Representative Matters

U.S. Court of Appeals for the Federal Circuit

  • Westinghouse Air Brake v. Siemens Mobility, Inc., No. 19-1653. Represented global train control system manufacturer in appeal from the PTAB’s Inter Partes Review decision. 

U.S. International Trade Commission

  • 337-TA-1112, Certain Radio Frequency Micro-Needle Treatment Devices and Components Thereof. Represented a respondent medical device company in patent case at trial, resulting in favorable preliminary ruling and settlement. 
  • 337-TA-996, Certain Quartz Slabs and Portions Thereof. Represented a respondent countertop company in design patent case, resulting in settlement.

U.S. and State District Courts

  • Siemens Mobility, Inc. v. Westinghouse Air Brake Technologies Corp., et al. (Pa. Ct. Com. Pl.). Represented global train control system manufacturer in trade secret dispute involving train control technology.
  • PersonalWeb Technologies LLC v. IBM (N.D. Cal.). Represented plaintiff in patent litigation involving computer database management technology, resulting in settlement on eve of trial. 
  • BMC Software, Inc. v. ServiceNow, Inc. (E.D. Tex.). Represented plaintiff in patent litigation involving computer resource management technology, resulting in settlement.
  • ContentGuard Holdings, Inc. v. Google, Inc., (E.D. Tex.). Represented plaintiff in patent litigation involving digital rights management technology.
  • ChriMar Systems, Inc. v. Cisco Systems, Inc. (N.D. Cal.). Represented plaintiff in patent litigation involving Power over Ethernet technology. 
  • Cisco Technology, Inc. v. Certification Trendz LTD. et al, (D. Conn.). Represented defendants against copyright, trademark, and unfair competition claims, resulting in settlement. 
  • Harvard College v. Certplex, Ltd. et al. (D. Mass.). Represented defendants against copyright infringement and unfair competition claims, resulting in settlement.
  • U.S. et al. v. J-M Mfg. Co. (C.D. Cal.). Represented plaintiffs in qui tam litigation involving PVC pipe used in construction by local governments. 

U.S. Patent and Trademark Office

  • RTI Surgical v. LifeNet Health. Represented leading organ and tissue bank in multiple IPRs before the PTAB involving bone and soft tissue graft technology. 
  • BMW. Represented major automobile manufacturer in various patent prosecution matters. 
  • IACT. Represented global IP dispute resolution forum in various trademark prosecution matters. 

Pro Bono

  • Represented first-degree murder convict in parole hearing.
  • Represented veteran in case involving service-connected disability benefits claim before the U.S. Court of Appeals for the Federal Circuit.
  • Represented veteran in case involving service-connected disability benefits claim before the U.S. Court of Appeals for Veterans Claims.
  • Represented immigrant client in asylum case before the U.S. Court of Appeals for the 5th Circuit.

Education

  • University of Dayton, B.Ch.E. chemical engineering (2010)
  • University of Dayton School of Law, J.D. (2013)
  • The George Washington University Law School, LL.M. (2014) With Highest Honors

Affiliations

Admitted to practice: District of Columbia, U.S. Patent and Trademark Office (USPTO), U.S. Supreme Court, U.S. Court of Appeals for the Federal Circuit

Professional Memberships

  • Giles S. Rich American Inn of Court
  • Federal Circuit Bar Association

View More

"Under Alcom v. Temple, Speculative Harm Does Not Meet the Irreparable Harm Requirement," Crowell & Moring’s Trade Secrets Trends (May 12, 2020). Authors: Benjamin Christoff and Astor Heaven.
Publication
"Pauwels v. Deloitte: A Cautionary Tale About Informal Approaches to Protecting Confidential Business Information," Crowell & Moring’s Trade Secrets Trends (March 25, 2020). Authors: Benjamin Christoff and Astor Heaven.
Publication
"Federal Circuit Adds New Guidelines to its Oral Argument Guide," (February 3, 2020). Contacts: Ali Tehrani, Benjamin Christoff, Terry Rea
Client Alert / Newsletter
"CUTSA Does Not Preempt Contractual Interference Claim Based on Confidential (But Not Trade Secret) Information," Crowell & Moring's Trade Secrets Trends (January 10, 2020). Authors: Benjamin Christoff and Raija Horstman.
Publication
“The October 2019 Update to the USPTO’s Subject Matter Eligibility Guidance,” Washington, D.C. (November 12, 2019). Speaker: Benjamin Christoff.
Speech/Presentation
"The ITC Institutes New 337 Investigation for Misappropriation of Trade Secrets Relating to Foodservice Equipment," Crowell & Moring's Trade Secrets Trends (July 18, 2019). Authors: Benjamin Christoff and Astor Heaven.
Publication
"Lessons from the RF Microneedling Products ITC Case," Washington, D.C. (June 18, 2019). Speakers: Benjamin Christoff and Emily Tucker.
Speech/Presentation
The Patent Litigation Law Review, United States, 2nd Ed. (2019). Co-Author: Benjamin Christoff.
Publication
"U.S. Intellectual Property Update: Congress, Courts, and USPTO," Washington, DC (October 24, 2018). Speaker: Benjamin Christoff.
Speech/Presentation
"Update on the PTAB," Ahmedabad, India (October 2, 2018). Speaker: Benjamin Christoff.
Speech/Presentation

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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