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Desktop Image: Byer, Benjamin J.
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Benjamin J. Byer

Partner

T 206.757.8105 Seattle
I am passionate about resolving disputes involving technology and the law.
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Ben Byer resolves disputes involving technology. This often includes litigating patent infringement claims and cybersecurity issues, including biometric privacy, the Computer Fraud and Abuse Act, and related trade secret misappropriation and copyright infringement claims. He litigates before trial and appellate courts nationwide, representing clients in disputes involving cellphone hardware, cellular communication standards, tablets, image processing, payment systems, e-commerce, internet-based customer service, search engine ranking algorithms, photogrammetry, electro-optical systems, internet chat, speech recognition, laser devices, control systems, and automotive products. Ben has a diverse technical background that includes electrical engineering, computer architecture, and atomic physics research.

Practice Highlights

Patent litigation

Representing parties in disputes involving patent infringement claims targeting a wide range of technologies and industries before trial and appellate courts nationwide.

Technology

Leveraging my diverse technical background in electrical engineering, computer architecture, and atomic physics research, to help my clients navigate diverse disputes involving high-risk use and acquisition of technology.

Biometric privacy

Advising clients on nationwide strategy involving biometric privacy regulations.

Institute for Environmental Health, Inc. v. National Beef Packing Company, LLC

Representing IEH in suit asserting patents covering methods for testing for microbial contamination. (D. Del. Ongoing)

Surendra Goel v. Microsoft Corporation

Defending Microsoft from claims of patent infringement related to video conferencing software. (W.D. Wash. Ongoing)

Appliance Computing III, Inc. v. Redfin Corp

Defended Redfin against allegations that Redfin's website and mobile application infringed four patents related to 3D tours for homes. Obtained jury verdict for Redfin on all claims. (W.D. Tex. 2022)

Institute for Environmental Health, Inc. v. Food Safety Net Services

Represented IEH in asserting patent infringement claims based on a family of patents covering microbiological testing, such as testing meat for contamination before releasing it into the stream of commerce.  Successfully resolved matter. (W.D. Tex. 2022)

Smarter Agent, LLC v. Redfin Corporation

Defended Redfin in a patent infringement lawsuit asserting eight patents related to location based search against the Redfin iOS and Android mobile application.  Prevailed on motion to transfer and successfully resolved matter after J. Albright transferred lawsuit to N.D. Cal. (W.D. Tex.; N.D. Cal. 2022)
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Admitted to Practice

  • U.S. Patent and Trademark Office, 2008
  • Washington, 2006
  • U.S. District Court, Eastern District of Texas, 2016
  • U.S. Court of Appeals, Federal Circuit, 2012
  • U.S. District Court, Western District of Washington, 2008
  • U.S. District Court, Eastern District of Washington, 2008

Education

  • J.D., Lewis & Clark Law School, 2006
    • Best Oral Advocate, First Year Moot Court Competition
  • Semester Law Program, Temple University James E. Beasley School of Law, 2006
  • B.S., Electrical Engineering, University of Washington, 2003
    • Dual Specialization: Digital Systems (VLSI); Electronic Circuits and Devices
    • Dean's List
  • B.S., Physics, University of Washington, 2003
    • Dean's List

Memberships & Affiliations

    • President, The Seattle Intellectual Property American Inn of Court
    • Federal Bar Association
    • American Intellectual Property Law Association
    • Washington State Patent Law Association

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Intellectual Property (Washington), 2021-2024; Listed as "Up and Coming" in Intellectual Property (Washington), 2016-2017; Listed as an "Associate to Watch" in Intellectual Property (Washington), 2012-2015
    • Named one of the "Best Lawyers in America" by Best Lawyers in Litigation - Intellectual Property, 2020-present
    • Selected to "Washington Rising Stars," Thomson Reuters, 2012-2016

Background

    • Associate, Merchant & Gould P.C., Seattle, 2006-2008
    • Senior Research Assistant, Physics Department: Penning Trap Mass Spectrometer, University of Washington, Seattle, 2003
    • Research Assistant, Electrical Engineering Department: ACME Lab, University of Washington, Seattle, 2003
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Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
10.12.23
Presentations
Moderator, "Secret Sauce, Garden Leave, and Industrial Espionagey," DOWNLOAD/NY
Publications
08.17.23
News
2024 Edition of Best Lawyers Recognizes More Than 175 Davis Wright Tremaine Attorneys for Excellence Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
Publications
06.07.22
News
Chambers USA Recognizes Davis Wright Tremaine for Excellence in Key Practice Areas and Industry-Leading Success With DEI Read More
Publications
05.21.21
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
Publications
04.28.20
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
12.04.18
Presentations
"Navigating Biometric Privacy Regulation for Financial Institutions," CLE WebEx
11.06.18
Presentations
"The Mechanics of eDiscovery," Seattle University, Seattle
09.28.18
Presentations
"Making eDiscovery Painless," Davis Wright Tremaine Litigation Retreat, Seattle
05.31.18
Presentations
"eDiscovery Training," Davis Wright Tremaine Litigation Group, Seattle
05.08.18
Presentations
Privacy & Security
"Risky Business: Data Practices That Could Cause Trouble," Nineteenth Annual Institute on Privacy and Data Security Law, Practising Law Institute, San Francisco
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