- Loyola Law School (J.D., 2012) magna cum laude; Order of the Coif; Sayre MacNiel Scholar; Chief Technology Editor, Loyola Law Review
- University of Colorado at Boulder (B.A., Physics, 2002)
Benjamin Haber is an associate in the Los Angeles office of Irell & Manella LLP, where he is a member of the IP litigation practice group. Mr. Haber has represented high technology clients from various fields in complex IP litigation matters. Such fields include medical devices, video processing, and mobile communications. He is admitted to practice before the U.S. Patent and Trademark Office.
Mr. Haber has spoken and written extensively on the recently enacted America Invents Act (“AIA”). His works have been published in law journals, cited by federal judges, and printed in legal periodicals. Mr. Haber’s current focus is on the AIA’s newly created provisions for challenging the validity of issued patents before the US Patent and Trademark Office.
Mr. Haber earned his J.D. from Loyola Law School where he was Chief Technology Editor of the Loyola Law Review. He graduated Magna Cum Laude, Order of the Coif, and a Sayre MacNiel Scholar. While at Loyola, Mr. Haber also participated in the Giles Sutherland Rich Patent Moot Court and received the “Best Appellate Brief” award.
Prior to law school, Mr. Haber was an accomplished engineer, working in the fields of Aerospace Engineering, Optical Engineering, and Systems Engineering. He worked on unmanned aircraft, optical imaging systems, space-based systems, and physics-based models. Mr. Haber worked as an engineer at NASA’s Jet Propulsion Laboratory (JPL), as well as at Northrop Grumman Corporation. While at JPL, Mr. Haber published technology articles on orbit-dynamics modeling software that he developed. Prior to this, he was an intelligence officer.
As an Adjunct Professor, Mr. Haber has taught Patent Law at his Alma Mater, Loyola Law School.
Mr. Haber is a member of American MENSA and the American Physical Society. He earned his B.A. in Physics from the University of Colorado at Boulder.
Mr. Haber was a member of the Irell team that handled the following matters:
- Represented TiVo in patent infringement case against Samsung related to cable television and mobile device hardware and software. Argued claim construction in Eastern District of Texas. Case settled favorably shortly after the claim construction hearing.
- Represented Cresta Technologies LLC in a series of IPR disputes, including by arguing an Oral Hearing before the Patent Trial and Appeal Board and securing a final written decision rejecting each of Petitioner’s validity challenges in that proceeding.
- Secured denial of an IPR petition filed by a competitor, on behalf of NxStage Medical, Inc. The Board denied IPR institution as to all challenged claims on claim construction grounds.
- Secured Court of Appeals for the Federal Circuit affirmance of lower court noninfringement ruling in a unanimous precedential decision on behalf of B/E Aerospace.
- Invalidated 3 patents related to vacuum toilet systems at the United States Patent and Trademark Office in multiple inter partes Review proceedings. Argued, with co-counsel, at the IPR hearing on behalf of B/E Aerospace.
- Secured denial of two IPR petitions filed by the defendant in a co-pending litigation, on behalf of Patent Owner Culchrome, LLC. The Board denied IPR institution as to all challenged claims. Subsequently, Culchrome received a greater than $50,000,000 jury verdict finding willful infringement of the challenged claims.
- Secured triple summary judgments of non-infringement for client B/E Aerospace, Inc. Argued B/E claim construction and summary judgment positions before presiding District Court judge.
- Represented Juniper Networks, Inc., as Patent Owner in two concurrent Inter Partes Review (IPR) proceedings before the United States Patent and Trademark Office (USPTO). Both of these IPRs were terminated by settlement agreement under favorable terms for Juniper.
- Represented TiVo in separate actions against Motorola and Cisco. These actions resulted in favorable settlements for TiVo on the eve of trial.
- Represented St. Jude at a bench trial on double patenting.
- Defended TiVo in an action at the ITC.
- Represented TiVo in separate actions against AT&T and Verizon. Both of these actions resulted in favorable settlements for TiVo on the eve of trial.
- Defended RIM in an action at the ITC. The plaintiff dropped the case days before trial.
- Advised client on strategy relating to post-issuance review under the AIA.
- "Patent office issues needed inter partes review guidance," Daily Journal (December 14, 2017)
- "Supreme Court case could undo years of patent litigation," Daily Journal (November 30, 2017)
- "Possible High Court Outcomes for PTAB Partial Reviews," Law360 (November 29, 2017)
"Unpack Inter Partes Review's First Review," Daily Journal, co-author (April 2015)
"A Bit of a Muddle on Abstract-Idea Patents," The National Law Journal, co-author (September 2013)
“Inter Partes Review is the New Normal: What has been lost? What has been Gained?” American Intellectual Property Law Association (AIPLA) Quarterly Journal, (January 2013)
“Challenging Validity of Issued Patents Before the PTO: Inter Partes Reexam Now or Inter Partes Review Later?” Journal of the Patent & Trademark Office Society, (Summer 2012)
- “Post-Issuance Proceedings in the America Invents Act,” Journal of the Patent and Trademark Office Society, (February 2012). This article was cited by The Honorable Timothy B. Dyk and Samuel F. Ernst, Scope note, 7 Bus. & Com. Litig. Fed. Cts. § 86:1 (3d ed., 2012).
- Quoted, “Pro Bono a must for Irell & Manella Hires” Daily Journal (September 2012)
- Contributor, “It’s Finally Time to Modernize our Patent System” Daily Journal (July 2011)
Bar & Court Admissions
- 2017, United States Supreme Court
- 2015, U.S. Court of Appeals, Federal Circuit
- 2015, U.S. District Court, Eastern District of Texas
- 2013, U.S. District Court, Central District of California
- 2013, Department of Veterans Affairs
- 2012, California
- 2010, U.S. Patent and Trademark Office