Ben Deming is an experienced litigator, focusing primarily on patent, trademark and unfair competition matters. Mr. Deming is experienced in drafting dispositive motions, pre-trial and post-trial briefs, motions for judgment as a matter of law, motions in limine, discovery motions, discovery requests and responses, and related correspondence. He has managed discovery in large intellectual property cases, including conducting client interviews, directing attorneys and support staff, supervising collection and analysis of documents, working with expert witnesses to develop case strategy and preparing expert reports, rebuttals, and depositions. He has argued both evidentiary and preliminary injunction motions before trial judges.
Drawing on his background in physics, Mr. Deming is uniquely capable in handling a variety of technology matters, and has represented some of the nation’s largest companies in technology disputes involving cellular telephone standards, wireless technology, and advanced combustion fuel systems used in diesel engines. Furthermore, Mr. Deming possesses extensive experience in all aspects of patent litigation, including researching unique legal questions, prior art analysis, claim chart preparation, preparing infringement, non-infringement and invalidity contentions, taking and preparing for depositions, preparing pre-trial and post-trial motions, and jury instructions.
Prior to joining Zuber & Taillieu LLP, Mr. Deming practiced in the Intellectual Property Litigation Department at the Los Angeles office of Howrey LLP. Mr. Deming was named a Southern California Super Lawyer Rising Star for 2009 and 2010.
Notable Representations:
- Patent Infringement Litigation: Part of core team responsible for defending major diesel engine manufacturer against charges of willful patent infringement, resulting in a confidential settlement after filing of summary judgment motion of invalidity based on obviousness;
- Trademark Infringement Litigation: Represented international manufacturer and distributor of consumer goods in federal trademark and trade dress action brought under the Lanham Act;
- Unfair Competition: Represented international electronics manufacturer in federal district court case involving allegations of intentional acts to disrupt client’s business;
- Patent Infringement Litigation: Part of litigation team that represented intervenor in patent infringement investigation before the United States International Trade Commission, resulting in a successful resolution on appeal to the Court of Appeals for the Federal Circuit;
- Patent Infringement Litigation: Managed discovery efforts for client in three concurrent, related suits involving patents for breakthrough packaging technology;
- Trademark Infringement Litigation: Represented well-known beverage producer in connection with enforcement and protection of registered marks against competing domestic and international producers;
- Trademark Infringement Litigation: Represented internet-based multimedia content provider in enforcing trademark and trade dress rights;
- Unfair Competition: Represented consumer goods manufacturer and distributor in federal district court in litigation against competitor who is accused of violating California’s unfair business practices laws in connection with the distribution and sale of unauthorized versions of client’s trademarked goods;
- Unfair Competition: Represented environmentally-focused building materials manufacturer in complex litigation against major national manufacturer involving claims of unfair competition and antitrust violations;
- Trade Secret Litigation: Represented medical device manufacturer in patent infringement and trade secret misappropriation lawsuit regarding spinal cord stimulation systems and implantable drug pumps, resulting in a pre-trial settlement favorable to client; and
- Copyright Infringement Litigation: Successfully defended copyright infringement action against local small business owner, resulting in a settlement favorable to client.
Professional Honors and Activities:
- Member, American Bar Association
- Member, American Intellectual Property Law Association
- Member, Los Angeles Intellectual Property Law Association
University of Michigan Law School
J.D., 2004
Brigham Young University
B.S., 2001
Major: Physics
Minor: Japanese
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