Eric E. Bensen is an internationally recognized intellectual property law author and consultant. He has advised clients throughout the United States as well as in Japan and Europe on intellectual property issues arising in litigation, licensing and transactional matters and has served as an expert witness on matters of intellectual property law.
He is the author or coauthor of five leading intellectual property treatises from Matthew Bender/LexisNexis:
His other works as author or coauthor include Intellectual Property in Bankruptcy (LexisNexis), a unique guide to the intellectual property issues that can arise in bankruptcy proceedings (now available as Collier Bankruptcy Practice Guide ch. 126), New York Intellectual Property Law (LexisNexis), a comprehensive guide to state and federal intellectual property law in New York, and Bensen & Myers on Litigation Management (LexisNexis), a groundbreaking book that sets forth a sophisticated, but easy to implement methodology for effective and efficient management of even the most complex litigations. He is also the United States Editor for LexisNexis Australia's Intellectual Property Reports.
For more information, go here.
Patent Eligibility of Software Claims. LexisNexis has published my commentary on the eligibility of software claims that draws on distinctly pre-computer age Supreme Court precedent to identify a concrete framewwork for detemining whether a claim drawn to software (or a computer implemented inevntion) is patent eligible. For a copy, go here: Patent Eligibility. For comprehensive coverage, see Patent Law Perspectives ch. 1.
Apportionment of Lost Profits for Patent Infringement. LexisNexis has published my commentary of the apportionment requirement for lost profits awards for patent infringment, which rule was correctly recognized--but nonetheless negated--by the Federal Circuit in Mentor Graphics Corp. v EVE-USA, Inc. (Mar. 16, 2017). Among other things, the commentary discusses the Supreme Court's precedent requiring apportionment in the lost profits context and the shortcomings in the Federal Circuit's reasoning. For a copy, go here: Lost Profits. For comprehensive coverage, see Patent Law Perspectives § 5.2[a][iv].
The Federal Defend Trade Secrets Act. LexisNexis has published my commenatry on the Defend Trade Secret Act. For a copy, go here: DTSA . For comprehensive coverage, see Milgrim on Trade Secrets § 1.01.
Eric E. Bensen
Attorney at Law - NY
Intellectual Property Author & Consultant
Intellectual Property Licensing
New York Intellectual Property Law
Bankruptcy & IP