“At the heart of my practice is a passion for the new and innovative technologies hitting the market, and many of my clients are trendsetters in this space. My goal is to use my knowledge and your business practices to ensure your business can grow and succeed with the changing times and evolving market.”
Ben plays a pivotal role in guiding the development of patent portfolios, leveraging his deep knowledge and enthusiasm for cutting-edge technologies. With two decades of experience and having prepared over 1,000 patent applications, he frequently addresses complex patent issues and provides insights on infringement, patentability, and validity, honing his expertise across a broad spectrum of technological domains.
Currently a Ph.D. candidate in electrical and computer engineering, Ben’s academic interests and patent experience span a range of fields including artificial intelligence, high-performance computing, microelectronics, optics and photonics, power transmission, secure communications, and signal processing. One of his current research projects focuses on the development of deep learning models for the recognition and analysis of disordered speech.
In the realm of intellectual property law, Ben has developed a proficiency in using analytical tools to extract competitive data and trends. He leverages this expertise to advise clients on strategic patent decisions. Before attending law school, Ben spent several years designing and developing engineered automotive components. This hands-on experience instilled in him a philosophy of continuous improvement, which he now applies to managing client dockets. His approach aims to enhance outcomes, reduce case pendency, and control costs, reflecting a comprehensive and client-focused patent management strategy.
Education
J.D., University of Michigan, cum laude
Ph.D. Candidate, Electrical & Computer Engineering, Mississippi State University
M.S., Electrical & Computer Engineering, University of Michigan
M.S., Mechanical Engineering, Oakland University
M.B.A., Wayne State University
B.S., Mechanical Engineering, Wayne State University, summa cum laude
Organizations & Affiliations
Association of University Technology Managers (AUTM)
Los Angeles Intellectual Property Law Association
Michigan Venture Capitalists
State Bar of Michigan
Recognitions
“IAM Patent 1000 Recommended Individual,” Intellectual Asset Management, 2022-2024
“Rising Star,” Michigan Super Lawyers, Intellectual Property, 2013 – 2015
“Up & Coming Lawyer,” Michigan Lawyers Weekly, 2011
“Top Patent Prosecutor” The Patent Research Review, 2011
Presentations
Presenter, “Bankruptcy vs. Innovation: How Financial Struggles Impact Intellectual Property Rights”, Federal Bar Association, March 2023
Panelist, “So, You’re Licensing Skynet—Will Template Terms Suffice?”, AUTM, February 2023
Panelist, “AI as an Inventor,” IAM Connect: AI IP 2022, Intellectual Asset Management, May 2022
Moderator, “Autonomous Vehicles: Your Comprehensive IP Primer,” The Institute of Continuing Legal Education Intellectual Property Law Spring Seminar 2018, March 2018
Moderator, “When Does it Make Sense to Arbitrate?,” Managing Intellectual Property Trademark Roadshow, March 2018
Panelist, “Connected and Autonomous: Inside the Car of the Future,” IP in the Auto Industry, May 2017
Panelist, “Strategies and Operational Efficiencies to Maintain a Competitive Edge,” IP in the Auto Industry, May 2017
Speaker, “Patent Application Process under Leahy-Smith America Invents Act (AIA),” University of Michigan School of Engineering’s Center for Entrepreneurship Webinar, July 2014
Publications
Co-Author, “What is “Public Disclosure” of an Invention Under the America Invents Act Safe Harbor Provision?,” Brooks Kushman Trending IP Blog, October 2024
Co-Author, “Function Over Form: Federal Circuit’s New Guidance on Patent Claim Interpretation,” Brooks Kushman Trending IP Blog, September 2024
Co-Author, “AI Integration, Copyright, and Privacy: Navigating the Challenges in Software Terms of Service,” Brooks Kushman Trending IP Blog, September 2024
Author, “From Patents to Policy: The Potential Ripple Effects of Revising the Chevron Doctrine,” Brooks Kushman Trending IP Blog, March 2024
Author, “Innovations at Work: Who Really Owns Employee-Created Inventions?” Brooks Kushman Trending IP Blog, February 2024
Co-Author, “What If I Told You None of It Was Accidental?: Cetaphil’s ‘Mastermind’ Marketing Tactics Balance Taylor Swift Imagery and IP Rights,” Brooks Kushman Trending IP Blog, February 2024
Co-Author, “USPTO’s Stance on AI-Assisted Inventions: Human Conception is Key,” Brooks Kushman Trending IP Blog, February 2024
Author, “Crafting Clarity in IP Agreements: Guidance from the ‘Fables’ Dispute,” Brooks Kushman Trending IP Blog, January 2024
Author, “Taking the Initiative: Proactive Litigation Strategies in Intellectual Property Disputes,” Brooks Kushman Trending IP Blog, January 2024
Author, “Biden Administration Announces Shift in Use of March-In Rights for Drug Patents,“ Brooks Kushman Trending IP Blog, December 2023
Author, “Navigating the Crossroads: Intellectual Property Protection and Traditional Knowledge,” Brooks Kushman Trending IP Blog, November 2023
Author, “Intellectual Property in the Gig Economy: Navigating Ownership and Protection,” Brooks Kushman Trending IP Blog, November 2023
Author, “The Deepfake Conundrum: Balancing Innovation, Privacy, and Intellectual Property in the Digital Age,” Brooks Kushman Trending IP Blog, November 2023
Author, “Outer Space and Intellectual Property Law: A Dispatch from the Future,” Brooks Kushman Trending IP Blog, July 2023
Co-Author, “Generic Terms and Trademark Protection: Understanding and Navigating the Landscape,” Brooks Kushman Trending IP Blog, June 2023
Author, “U.S. Copyright Office Opens the Door for AI-Assisted Work to Gain Copyright Protection,” Brooks Kushman Trending IP Blog, May 2023
Author, “Human Creators vs. Generative AI: A Clash of Copyrights and Innovation,” Brooks Kushman Trending IP Blog, April 2023
Author, “The Impact of Bankruptcy on IP Licensor and Licensee Rights,” Brooks Kushman Trending IP Blog, January 2023
Author, “A Bridge(erton) Too Far: The Fine Line Between Acceptable Fan-Created Content and IP Infringement,” Brooks Kushman Trending IP Blog, December 2022
Author, “Nike v. StockX Case Highlights Many Unanswered Questions About IP and NFTs,” The Licensing Journey, October 2022
Author, “Nike v. StockX Case Highlights Many Unanswered Questions About IP and NFTs,” Brooks Kushman Trending IP Blog, August 2022
Author, “Will Metaverse Platforms Establish IP Enforcement Protocols?” Brooks Kushman Trending IP Blog, May 2022
Author, “Should AI Systems be Eligible for Patents?” The Patent Lawyer Magazine, April 2022
Author, “Should Brands Be Less Protective Of Their IP When It Comes To NFTs?” Brooks Kushman Trending IP Blog, March 2022
Author, “The Important Policy Questions Raised by the Role of Artificial Intelligence and Inventorship,” Brooks Kushman AI Blog, February 2022
Author, “Should AI Systems be Eligible for Patents?” Brooks Kushman AI Blog, February 2022
Co-Author, “Fixing Patent Eligibility by Limiting Scope to Disclosed Embodiments,” Patently-O, June 2018