Ben Roxborough*

Ben is an Associate in Maynard Nexsen's Intellectual Property Practice Group. As a dual-qualified U.S. and Australian attorney, Ben focuses on intellectual property litigation—emphasizing on patent, trademark, and false advertising disputes. In addition, Ben has a subspeciality working with emerging Australian companies as they integrate into the U.S. market.

With a scientific background and a global perspective, Ben has represented numerous companies spanning diverse industries—including life sciences, hardware, software, digital media and telecommunications. Of note, he successfully represented a Fortune 500 company in a patent trial that marked the District of Delaware's first remote bench trial conducted via Zoom, where his client was awarded $11.3 million in damages. The decision was affirmed on appeal before the Federal Circuit. His skill set encompasses every facet of litigation—including fact and expert discovery, Markman hearing demonstratives, motion practice, and claim construction briefs.

Much of Ben’s experience has been drawn from his prior federal clerkships. He has served as a judicial law clerk for Chief Judge James D. Peterson and Judge William M. Conley in the Western District of Wisconsin, as well as Judge William J. Martinez and Magistrate Judge Kathleen M. Tafoya in the District of Colorado. Ben also clerked for the IP Panel of the Federal Court of Australia. During his federal clerkships, Ben worked on patent jury and bench trials, trademark and copyright bench trials, claim construction hearings, Rule 12(b)(6) and Rule 56 motions, and preliminary injunctions relating to water rights, trademark and franchise rights.

Ben's contributions to the legal field extend to his role as an adjunct lecturer at the University of Denver Sturm College of Law, where he teaches a course in false advertising. In addition, he has authored multiple articles featured in recognized patent blogs and publications, including Patently-O (here).

Ben holds an LL.M. in Law, Science, and Technology from Stanford Law School. He earned a B.S. in Chemistry and an LL.B. from the University of Wollongong.

Outside Maynard Nexsen

Outside of work, Ben enjoys playing tennis and spending time outdoors with his wife and young daughter.

Ben’s recent experience includes:

• Representing plaintiff manufacturer in the District of Delaware—drafting successful claim construction briefs and motions, managing the discovery process and drafting lengthy bench trial briefs and findings of fact. The client was successful upon disposition and awarded $11.3 million in damages. The decision was affirmed on appeal.
• Representing defendant manufacturer in International Trade Commission (ITC) proceedings—drafting the successful section 101 argument, which was the sole ground for no violation. The ALJ decision was affirmed on appeal by full ITC (4:1). 
• Representing defendant telecommunication companies in the Eastern District of Texas and the Western District of Texas—drafting summary judgment briefs, presenting oral argument and preparing expert reports, resulting in favorable settlement.
• Representing defendant CRM software company in the Northern District of Illinois—drafting section 101 briefs, managing the e-discovery process, drafting invalidity contentions and a successful stay motion.
• Representing plaintiff software company in the Northern District of Illinois—drafting section 101 brief, resulting in denial of defendant’s motion to dismiss.