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Ben Roxborough

Ben Roxborough is a dual-qualified U.S. and Australian lawyer, focusing his practice on intellectual property litigation, namely, patent, trademark, and false advertising disputes.

With a scientific background and a unique global perspective, Ben has represented companies across a variety of industries, including life sciences, hardware, software, digital media and telecommunications.

Notably, Ben represented a Fortune 200 company in a favorable decision patent trial that was the first remote bench trial via Zoom in the District of Delaware. His experience includes fact and expert discovery, Markman hearing demonstratives, motion practice, claim construction, and indefiniteness.

Ben 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 clerkships, Ben worked on patent jury and bench trials, trademark and copyright bench trials, trade secrets, false advertising, claim construction, Rule 12(b)(6) and Rule 56 motions on patent eligibility, preliminary injunctions, water rights, foreclosure procedures, trademark and franchise rights, employment, Social Security appeals, pro se and SEC cases.

Ben is an adjunct lecturer at the University of Denver Sturm College of Law, teaching a false advertising course. He has also authored articles in patent blogs and publications.

Prior to joining the firm, Ben was a judicial law clerk for Chief Judge James D. Peterson and Judge William M. Conley in the Western District of Wisconsin, Judge William J. Martinez and Magistrate Judge Kathleen M. Tafoya in the District of Colorado and the IP Panel of the Federal Court of Australia. Ben also practiced at an AmLaw 200 law firm in the U.S. and an international law firm in Australia.

  • False Advertising: The Theory of Necessary Implication and the Presumption that Runs with It, 2019.
  • The Patent Ineligibility Tsunami: The Impact of the Mayo and Alice Decisions on the Future of Innovation, IADC, 2017.
  • The Blurring Of §§ 101 and 103: A Double-Edged Sword, Patently-O, 2015.
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