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Eric Benisek

Partner
ebenisek@vbllaw.com
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Eric Benisek is an IP and business litigation attorney.  Eric represents a range of companies, from venture backed start-ups to large publicly traded technology manufacturers, in litigation, litigation avoidance and general business counseling.  Eric’s experience is in prosecuting and defending complex matters including patent, copyright and trademark infringement, trade secret misappropriation, unfair competition, and other business torts.  Prior to founding Vasquez Benisek & Lindgren, LLP, Eric worked for Wilson Sonsini Goodrich & Rosati, P.C. and Morgan Miller Blair.

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Representative matters include:

  • Currently defending network equipment company accused of patent infringement in the Northern District of California in Optimumpath LLC v. Cisco Linksys LLC, et al. after successfully transferring the action out of the District of South Carolina.
  • Successfully defended four wireless network equipment companies accused of patent infringement in the Eastern District of Texas in CSIRO v. Toshiba American Information Systems, Inc., et al. where plaintiff claimed its patent was required to practice the IEEE 802.11a, 802.11g and 802.11n (draft) wireless standards.
  • Successfully defended enterprise network equipment maker accused of patent infringement in the Eastern District of Texas in Network-1 Security Solutions, Inc. v. 3Com Corporation, et al. where plaintiff claimed its patent was required to practice the IEEE standard 802.3af for power over Ethernet.
  • Successfully defended social and game monetization start-up accused of trade secret misappropriation and other business torts in the Northern District of California in Offerpal Media, Inc. v. Kickflip Inc.
  • Obtained, as well as defeated, preliminary injunctions and summary judgment regarding misappropriation of trade secrets related to software code, business algorithms and investor lists.
  • Successfully prosecuted IP fraud case against major international telecom corporation obtaining multi-million dollar settlement on eve of trial.
  • Successfully defended network equipment companies accused of patent infringement before the International Trade Commission and District of Delaware where plaintiff claimed its patents read on the IEEE 802.11b standard (In the Matter Certain Network Interface Cards And Access Points For Use In Direct Sequence Spread Spectrum Wireless Local Area Networks); During and following litigation, successfully pursued clients’ suppliers for indemnity, resulting in complete cost recovery.
  • Successfully defended clients at trial court, and appellate court levels, from charges of financial fraud, breach of fiduciary duties and unfair competition (see, e.g., Caprin v. Simon Transp. Servs., Fed. Sec. L. Rep. (CCH) P92,692 (10th Cir. 2004), In re Homestore.com, Inc. Sec. Litig., 252 F. Supp. 2d 1018 (C.D. Cal. 2003)).

Education:

  • University of California, Davis, B.S.
  • University of San Francisco, J.D., Magna Cum Laude

Recognition/Other::

  • Super Lawyers, “Rising Stars” 2010, Intellectual Property Litigation
  • Super Lawyers, “Rising Stars” 2009, Intellectual Property Litigation
  • Edward J. McFetridge Award for excellence in trial advocacy
  • Executive Editor, USF Law Review

Admissions:

  • California Supreme Court
  • United States District Court, All California Districts
  • United States Court of Appeals, Ninth Circuit, Tenth Circuit and Federal Circuit
  • United States District Court, Eastern District of Texas