Eric E. Bensen
Attorney at Law - NY
Intellectual Property Author & Consultant
Intellectual Property Licensing
New York Intellectual Property Law
Bankruptcy & IP
Eric Bensen is an internationally recognized intellectual property law author and consultant. His works as author or coauthor include five leading intellectual property treatises from Matthew Bender: Milgrim on Trade Secrets, Milgrim on Licensing, Bensen Patent Licensing Transactions, Patent Law Perspectives and U.S. Patent Opinions & Evaluations. He is also the author of New York Intellectual Property Law from LexisNexis, a comprehensive guide to federal and state intellectual property law in New York, the author of Intellectual Property in Bankruptcy, which provides a unique look at the intersection between intellectual property and bankruptcy law and is now available as Collier on Bankruptcy, Chapter 126 (Matthew Bender), and the United States Reporter for LexisNexis Australia’s Intellectual Property Reports. Mr. Bensen 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.
Mr. Bensen was selected to represent the Intellectual Property Owners Association in amicus briefs in In re Bilski / Bilski v. Doll in the Federal Circuit and Supreme Court and was among a group of scholars that submitted amicus briefs in support petitioner Kimble v. Marvel Enterprises, Inc. before the Supreme Court. He has also taught patent, copyright, and intellectual property licensing classes as a Visiting Assistant Professor of Law at Hofstra University School of Law. Earlier in his career, Mr. Bensen practiced for more than 12 years with large firms in New York City where he led attorney teams in successful litigations of highly complex patent and trade secret cases before the International Trade Commission and a wide range of intellectual property cases in federal and state courts throughout the country. He also negotiated sophisticated copyright, patent and trademark licenses both here and abroad and advised clients on intellectual property licensing issues arising in large transactional matters. His clients included technology, pharmaceutical, medical device, agricultural, entertainment and consumer product companies. In his last full year of firm practice, he was nominated by corporate counsel as one of the leading lawyers in the United States in both intellectual property and litigation in Legal500’s 2007 surveys.
In addition to other writing, Mr. Bensen has authored or co-authored a number of scholarly articles on intellectual patent law, including, Eric E. Bensen & Danielle M. White, Using Apportionment to Rein in the Georgia-Pacific Factors, 9 Colum. Sci. & Tech. L. Rev. 1 (Fall 2007), and Eric E. Bensen, Apportionment of Lost Profits in Contemporary Patent Damages Cases, 10 Va. J.L. & Tech 8 (2005). He regularly writes Emerging Issue Commentaries for LexisNexis on significant intellectual property decisions and emerging issues in intellectual property law such as, Eric E. Bensen on Patent Eligibility of Software Claims and Eric E. Bensen on the Defend Trade Secrets Act .
Mr. Bensen selectively speaks on intellectual property issues. Among other engagements, he spoke at the European Patent Lawyers Association’s (“EPLAW”) Congress in Brussels in 2007 to provide expertise on U.S. patent damages law in connection with EPLAW’s consideration of Article 13 (Damages) of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the Enforcement of Intellectual Property Rights and at the Houston Intellectual Property Law Association’s Annual Intellectual Property Law Institute in Houston in 2010 on patent damages post-Lucent.
He is admitted to the bar of the State of New York, the United States Supreme Court, the United States Court of Appeals for the Federal Circuit and the District Courts for the Southern and Eastern Districts of New York. He received his J.D. in 1996 from Hofstra University School of Law where he was an associate editor of the Hofstra Law Review.