Benjamin Horton, chair of the IP litigation practice at Marshall, Gerstein & Borun LLP, is known for his experience representing both plaintiffs and defendants in a range of complex IP disputes, regarding patent infringements and obtaining international patents. Horton has a background in electrical engineering and commonly represents individual inventors and large corporations known for a range of technologies, including LEDs, semiconductors, and medical devices.
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Phone
312.474.9575
Email

Accolades

Chicago Elite

Profile

Position

Partner and Chair, IP Litigation

Career

Ben is an electrical engineer turned IP litigator who has represented some of the world’s largest companies in complex, high-tech disputes. Think Amazon, Charter Cable, Dow Chemical, McDonalds, T-Mobile, and United Airlines, among others. Ben also represents cutting-edge research and development companies and institutions, like Argonne National Laboratories and the University of Strathclyde in Glasgow. And he is honored to have helped PopSockets, Final Co., AEON BioPharma, BearBox and other early-stage companies, as he likes to say, “when things were happening at lightning speed and every decision felt like life or death.”

Ben serves as Chair of Marshall Gerstein’s IP Litigation group, a post he assumed in 2014 when he was the youngest litigation partner at the firm. He has led more than 90 intellectual property cases in federal courts across the country and is a member of the Trial Bar for the Northern District of Illinois. Ben also practices before the Patent Trial and Appeal Board (PTAB), representing both petitioners and patent owners in inter partes review (IPR) and covered business method review (CBM) proceedings. Additionally, he has helped establish Marshall Gerstein as one of the most active and successful firms in the country for International Trade Commission (ITC) investigations and enforcement actions. A contributor to the firm’s PTABWatch blog, Ben has also been quoted in dozens of publications and has been invited to speak at leading IP events across the country.

Memberships
Intellectual Property Owners Association Intellectual Property Law Association of Chicago Judicial Appointments Committee ITC Trial Lawyers Association Litigation Counsel of America Lawyers for the Creative Arts Pro Bono Representation The Richard Linn American Inn of Court DePaul University College of Law Career Advisory Board Chicago Intellectual Property Alliance (CIPA) Mentorship Program Mentor
Education
  • DePaul University College of Law (J.D.)
  • University of Michigan (B.S., with honors)
    • Electrical Engineering

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Key clients

  • Amgen Inc.
  • CureVac SE (f/k/a CureVac AG) and CureVac Manufacturing GmbH

Work highlights

Represented CureVac, a global biopharmaceutical company pioneering mRNA medicines, in high-stakes IP litigation against Pfizer and BioNTech concerning Covid-19 vaccines asserting infringement of 10 patents. BioNTech and CureVac announced settlement terms that included a $740 million payment to CureVac and GSK, ongoing royalties on US vaccine sales, and $50 million in monetized royalties from GSK.