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Ben Sidbury focuses his practice on intellectual property litigation. He has a wide range of experience litigating patent, copyright, trademark and trade secret disputes in trial courts and appellate courts, as well as counseling clients on obtaining, protecting, licensing and enforcing intellectual property rights across a variety of technologies and industries.

Ben is a frequent author and speaker on developments in intellectual property law.  He received his B.A., with honors, from Wingate University and his J.D., magna cum laude, from Syracuse University, where he served as the senior notes and comments editor of the Syracuse Law Review and was elected to the Order of the Coif.

Civic Involvement & Honors

    • The Best Lawyers in America, Litigation – Patent, 2015-2017
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Representative Experience

  •  Hartenstein v. STEAG Energy Services LLC et. al (N.C. Business Court) (represented German and domestic power and utility companies in contract dispute arising out of joint venture; obtained favorable settlement).

  • Rothschild Patent Imaging LLC v. Grindr LLC (E.D. Tex.) (represented Grindr in patent infringement dispute and obtained full dismissal without any monetary payment)

  • Fagron, Inc. v. Integrity Pharmaceuticals, LLC d/b/a Veracity Pharmaceuticals, et. al (N.D. Ok.) (represented Fagron, Inc. and Freedom Pharmaceuticals in trade secret misappropriation dispute, and obtained favorable resolution against defendants).
  • AcuSport Corp. v. JD3 Outdoors, LLC et. al (Logan County, Ohio) (represented AcuSport in trade secret misappropriation dispute, and obtained permanent injunction against defendants). 
  • Listingbook, Inc. v. Market Leader, Inc., 2015 U.S. Dist. LEXIS 153994 (M.D.N.C.) (obtained summary judgment of invalidity based on finding that patent-in-suit was directed to ineligible subject matter)
  • Adrain v. American Honda Motor Co., Inc. (E.D. Tex.) (represented Honda in patent litigation involving image monitoring systems)
  • Genaville, Inc. v. Belk, Inc. (E.D. Tex.) (represented Belk in patent litigation involving website search functionality)
  • Eyetalk365, LLC v. Live Watch Security, LLC (W.D.N.C.) (represented Live Watch in patent litigation involving in-home security monitoring systems)
  • Eyetalk365, LLC v. CPI Security Systems, Inc. (W.D.N.C.) (represented CPI Security in patent litigation involving in-home security monitoring systems)
  • Pantaurus LLC v. Etsy, Inc. (E.D. Tex.) (obtained dismissal with prejudice of all claims against defendant Etsy, Inc. after filing motion to dismiss in patent infringement dispute concerning data storage)
  • Avioniqs LLC v. United Airlines, Inc. (N.D. Tex.) (represented United Airlines in patent infringement dispute concerning lighting detection systems)
  • JRX Biotechnology, Inc. v. Freedom Pharmaceuticals, Inc. (C.D. Cal.) (represented defendant Freedom Pharmaceuticals in patent infringement dispute and obtained full release and dismissal without any monetary payment)
  • Parallel Networks, LLC v. Abercrombie & Fitch Co. (E.D. Tex) (obtained dismissal with prejudice of all claims against defendant United Airlines, Inc. after filing motion for summary judgment for non-infringement in patent infringement dispute concerning website applet)
  • SCR-Tech LLC v. STEAG Energy Services LLC et. al (N.C. Business Court) (represented German power and utility companies in 7-year trade secret dispute concerning catalyst regeneration technology, including an award of partial summary judgment and a finding of spoliation by the opposing party)
  • Landmark Technology, LLC v. Belk, Inc.  (E.D. Tex) (represented Belk in patent infringement dispute concerning computerized systems for searching and retrieving information to display to users)
  • Unified Messaging Solutions, LLC v. Etsy, Inc. (S.D.N.Y. and M.D.L. in N.D. Ill.) (represented Etsy in patent infringement dispute concerning Internet-related communications technology)
  • Granger v. Croscill Home, LLC (Circuit Court, Mobile County, Alabama) (obtained partial summary judgment in patent license dispute and thereafter obtained favorable settlement)
  • Lodsys Group LLC v. Bank of America (E.D. Tex) (represented Bank of America in patent infringement dispute concerning online marketing technology)
  • Global-Tech Appliances v. SEB S.A., Case No. 10-6, United States Supreme Court: Brief of Amicus Curiae; The Clearing House and the Securities Industry and Financial Markets Association (2011)
  • Big Rock Sports LLC v. AcuSport Corporation (E.D.N.C. 2011) (represented defendant/counter-plaintiff AcuSport in trade secret misappropriation dispute)
  • Dioptics Medical Products, Inc. v. Ideavillage Products Corp. (N.D. Cal. 2010) (represented patentee in patent infringement dispute concerning eyewear technology)
  • Ex-Cell Home Fashions, Inc. v. Carnation Home Fashions, Inc., (W.D.N.C. 2010) (obtained injunction for plaintiff in trade mark and trade dress dispute)
  • Mallinckrodt Inc. v. E-Z-Em Co. et al. (D. Del. 2010) (defended medical device company accused of patent infringement against motion for preliminary injunction)
  • Every Penny Counts, Inc. v. First Data Corp. et al. (M.D. Fl. 2008), affirmed on appeal, 563 F.3d 1378 (Fed. Cir. 2009), cert. denied by U.S. Supreme Court, 130 S. Ct. 565, 175 L. Ed. 2d 384 (2009) (represented defendant and obtained summary judgment of non-infringement in patent infringement case concerning fund distribution system and pre-paid gift cards)
  • Casana Furniture Co. v. Coaster Company of America (M.D.N.C. 2009) (represented patentee and obtained favorable settlement)
  • Cornerstone BioPharma, Inc. v. Vision Pharma, LLC (E.D.N.C. 2009) (represented defendants in patent infringement dispute concerning allergy treatment product)
  • U.S. South Communications, Inc. v. Northern Telecom., Inc. (W.D.N.C. 2009) (obtained injunctive relief for plaintiff in software license dispute)
  • Collezione Europa U.S.A., Inc. v. Hillsdale House Ltd., 243 F. Supp. 2d 444 (M.D.N.C. 2003) (represented Hillsdale, and obtained summary judgment of copyright infringement)
  • Patent litigation involving technologies such as payment systems, financial services and products, gift cards, pharmaceutical products, medical devices, industrial machinery, packaging systems, RFID components, sporting goods, textiles and business methods
  • Copyright litigation involving subject matter such as software, architectural works and technical drawings, textiles, furniture, art work, audio recordings, digital media and literary works
  • Litigation of trademark adversarial matters in U.S. federal courts, before the Trademark Trial and Appeal Board, and in more than 25 foreign countries

Publications

  • Regular contributor to the WORLD COPYRIGHT LAW REPORT AND WORLD MEDIA LAW REPORT.
  • The Changing Landscape of the Copyright Act’s Statute of Limitations, WORLD COPYRIGHT LAW REPORT (January 2007), reprinted in IP LITIGATOR (March/April 2007)
  • Gonzaga Univ. v. Doe and its Implications: No Right to Enforce Student Privacy Rights Under FERPA, 29 JOURNAL OF COLLEGE AND UNIVERSITY LAW 655 (2003).
  • You’ve Got Mail…and Your Boss Knows It: Rethinking the Scope of the Employer E-Mail Monitoring Exception to the Electronic Communications Privacy Act, 1 U.C.L.A. JOURNAL OF LAW & TECHNOLOGY 5 (2001), reprinted in 5 JOURNAL OF INTERNET LAW 16 (July 2001) and INTERNET LAW & BUSINESS REPORTER 937 (Sept. 2001).
  • Comparative Advertising on the Internet: Defining the Boundaries of Trademark Fair Use for Internet Metatags and Trigger Ads, 3 U.N.C. JOURNAL OF LAW & TECHNOLOGY 35 (2001).
  • The Disclosure of Campus Crime: How Colleges and Universities Continue to Hide Behind the 1998 Amendment to FERPA and How Congress Can Eliminate the Loophole, 26 JOURNAL OF COLLEGE AND UNIVERSITY LAW 755 (2000) (cited by Chief Justice Roberts in Petitioner’s Brief in Gonzaga Univ. v. Doe, 536 U.S. 273 (2002)).