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Eric Benisek

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ebenisek@vbllaw.com
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Eric Benisek is an Intellectual Property attorney representing clients in a wide range of matters. Eric has extensive experience advising technology companies, from venture-backed start-ups to large publicly traded technology corporations, regarding their intellectual property challenges. His practice includes:

  • Prosecuting and defending complex patent, copyright and trademark infringement, trade secret misappropriation and unfair competition claims;
  • Commercialization, protection and sale of intellectual property in a variety of business transactions, including licensing, joint ventures, distribution, commercial agreements and mergers and acquisitions;
  • Corporate and entrepreneur counseling, including new entity formation, organization, corporate governance and venture capital and angel financings.

Prior to founding Vasquez Benisek & Lindgren LLP, Eric worked for Wilson Sonsini Goodrich & Rosati, P.C. and Morgan Miller Blair. He earned his B.A. from the University of California, Davis and his J.D. magna cum laude from the University of San Francisco, School of Law, where he was the Executive Editor of the USF Law Review and received the Edward J. McFetridge Award for Excellence in Trial Advocacy. He was named one of Super Lawyers’ “Rising Stars” in both 2009 and 2010 for Intellectual Property Litigation.

Eric is admitted to the United States Supreme Court, the United States Court of Appeals, Ninth Circuit, Tenth Circuit and Federal Circuit, the following United States District Courts: All California Districts, District of Delaware, District of Massachusetts, Eastern District of New York, Eastern District of Texas, and the California Supreme Court.

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Representative matters include:

  • Cioffi, et al. v. Google, Inc. (In 2017, obtained eight figure jury verdict against Google as lead counsel representing inventor in patent infringement litigation in the Federal district court for the Eastern District of Texas)
  • Timefire v. AQS, et al. (In 2017, obtained successful jury verdict as lead counsel for Timefire, Inc. in a breach of contract dispute in California state court, County of Alameda, recently affirmed on appeal)
  • Chrimar et al., v. Accton Technology Corp. (represented defendants in patent infringement litigation in Federal district court for Eastern District of Texas)
  • Trade Show Internet v. Smart City Networks, et al. (represented plaintiff in tort and unfair competition litigation in California state court, County of San Francisco)
  • Trustees of Boston University v. Epistar, et al. (In 2016, represented defendants in patent infringement litigation in Federal district court for Massachusetts. Plaintiff was seeking $30 million but the jury returned a verdict of $13 million. Successfully argued to the trial judge to further reduce the jury verdict to $2 million. Successfully appealed the remaining $2 million verdict resulting in complete victory for client. Currently seeking reimbursement of attorneys’ fees for client)
  • Nichia v. Everlight (In 2015, represented Everlight in patent infringement litigation in Federal district court for Eastern District of Texas. Defeated Nichia’s injunction request and request for damages resulting in no liability for the client)
  • Net Navigation Systems, LLC v. Extreme Networks, Inc. (represented defendant in patent infringement litigation in Federal district court for Eastern District of Texas)
  • SpiralEdge v. SeaWorld (represented plaintiff in trademark infringement litigation in the Federal district court for the Southern District of California)
  • Nonend v. Spotify (represented inventor as plaintiff in patent litigation over streaming data distribution in the Federal district court for the District of Delaware)
  • SMC Networks v. Hitron Technology Corp. (represented plaintiff in trade secret misappropriation litigation in the Federal district court for the Central District of California)
  • Lineage Corp. v. SynQor (represented plaintiff in patent litigation over dc-dc power converter technology in Federal district court for the Eastern District of Texas)
  • Triangle Software v. Westwood One (represented defendant in patent infringement litigation over traffic monitoring software)
  • Network-1 v. Enterasys (represented defendant in patent litigation over power-over-Ethernet technology in Federal district court for the Eastern District of Texas)
  • CSIRO v. 3Com, D-Link, Accton and SMC (represented defendant group in patent infringement over WLAN technology brought by the Australian government in Federal district court for the Eastern District of Texas)

Representative Technology Clients:

  • GE Energy
  • ZTE (USA) Inc.
  • Epistar Corporation
  • Everlight Electronics Co., Ltd.
  • Extreme Networks, Inc.
  • Accton Technology Corporation
  • SMC Networks, Inc.
  • CalPERS
  • LG-Ericsson USA, Inc.

Outside Counsel for the Following Start-up Clients:

  • AngelList
  • Coinlist
  • Unbranded Unlimited Pictures
  • Level Blends
  • The Hit Forge, LP
  • Evolve VC Fund, LP
  • Hackers & Founders
  • The San Francisco Marathon
  • The Zerocoin Electric Coin Company
  • Roboair, Inc.
  • Wanelo, Inc.