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 four 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 (also available as Collier Guide to Chapter 11), 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.
Amicus Brief in Support of a Rehearing En Banc. I recently filed an amicus brief in the United States Court of Appeals for the Federal Circuit in support of a petition for rehearing en banc in Mentor Graphics Corp. v. EVE-USA, Inc. As I explain more fully in my brief, the panel decision failed to follow a wealth of Supreme Court precedent that clearly limits a patentee's recovery of lost profits to the portion of its profits on a patented article that would have been attributable to the claimed invention. For a copy of the brief, go here: Amicus Brief
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
The Federal Defend Trade Secrets Act. LexisNexis has published my commenatry on the recently enacted Defend Trade Secret Act. For a copy, go here: DTSA
Eric E. Bensen
Attorney at Law - NY
Intellectual Property Author & Consultant
Intellectual Property Licensing
New York Intellectual Property Law
Bankruptcy & IP