Eric E. Bensen
Attorney at Law - NY
Intellectual Property Author & Consultant
Intellectual Property Licensing
New York Intellectual Property Law
Bankruptcy & IP
Eric E. Bensen is an experienced intellectual property practitioner who advises clients ranging from Fortune 500 companies to start ups on intellectual property issues arising in litigation, licensing and transactional matters.
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.
For more information, go here.
The Federal Defend Trade Secrets Act. LexisNexis has published my commenatry on the recently enacted Defend Trade Secret Act. For a copy, go here:
The Supreme Court cites to Milgrim on Licensing. In its June 22, 2015 decision in Kimble v. Marvel addressing the enforceability of post-expiration royalty obligations in patent licenses, the Supreme Court, although ultimately adhering on stare decisis grounds to the rule that such obligations are not enforceable, cited twice to Milgrim on Licensing, one of the intellectual property treatises that I coauthor.
The Ninth Circuit cites to Milgrim on Licensing. In its July 29, 2015 decision in Minden Pictures, Inc. v. John Wiley & Sons, Inc. addressing whether the holder of an exclusive copyright license that was granted subject to preexisting nonexclusive licenses has standing to sue for infringement, the Ninth Circuit held, “In the words of one prominent treatise, ‘one who takes an exclusive license subject to a preexisting license may lack true exclusivity, but nonetheless possesses the legal right to exclude third parties (other than the existing licensee) . . . and, thus, has . . . standing to sue for infringement.’” (citing 2 Roger M. Milgrim & Eric E. Bensen, Milgrim on Licensing § 15.08 (Matthew Bender)).