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Benjamin T. Sirolly

Ben Sirolly‘s practice focuses on intellectual property disputes and complex commercial litigation at trial and on appeal.  Mr. Sirolly represents clients before the United States Supreme Court, federal courts of appeals, and federal district courts.

Prior to joining MoloLamken, Mr. Sirolly served as a law clerk to the Honorable Kara F. Stoll of the United States Court of Appeals for the Federal Circuit. He has taught Patent Appellate Practice as a guest instructor at the George Washington University Law School. He began his practice as an associate at Finnegan, Henderson, Farabow, Garrett & Dunner, LLP, a global intellectual property law firm. 

Before law school, Mr. Sirolly joined Teach for America and taught high school physics, chemistry, and physical science in North Carolina. He also taught Physics at Mastery Charter School in Philadelphia, Pennsylvania.

Representative Matters

  • Prevailed in the Federal Circuit as appellant from an Inter Partes Review, representing major pharmaceutical company (Merck Sharp & Dohme Corp. v. Wyeth LLC, No. 2018-2133, 2019 WL 6320454 (Fed. Cir. Nov. 26, 2019))
  • Successfully defended a $50 million patent-infringement judgment at the Federal Circuit (Green Mountain Glass, LLC v. Saint-Gobain Containers, Inc., 773 F. App’x 619, 620 (Fed. Cir. 2019))
  • Obtained reversal of dispositive claim construction at the Federal Circuit (Cont'l Circuits LLC v. Intel Corp., 915 F.3d 788, 794 (Fed. Cir. 2019))
  • Achieved favorable settlement for distributor-manufacturer in ITC investigation (USITC Inv. No. 337-TA-1139)
  • Successfully opposed certiorari in case testing whether unsuccessful IPR petitioners must demonstrate Article III standing (RPX Corp. v. Chanbond, No. 17-2346 (U.S.))
  • Represented NAACP New York State Conference as amicus curiae in support of challenge to New York City’s tax system as violating the Fair Housing Act (Tax Equity Now NY LLC v. City of New York, No. 153759/17 (N.Y. App. Div. 2019))
  • Represented petitioner for writ of certiorari in securities and wire-fraud case at Supreme Court (Weed v. U.S., No. 16-2120 (U.S.))
  • Represented prisoners’ rights groups as amici curiae supporting petition concerning prisoners’ First Amendment rights (Snodgrass v. Messer, No. 17-6360 (U.S.))
  • Prevailed on all claims in Hatch-Waxman dispute, representing branded pharmaceutical company (Cumberland Pharm., Inc. v. Mylan Institutional LLC, 137 F. Supp. 3d 1108 (N.D. Ill. 2015))
  • Represented medical-device company in case concerning the standard for willful infringement (Stryker Corp. v. Zimmer, Inc., 782 F.3d 649 (Fed. Cir. 2015); Stryker Corp. v. Zimmer, Inc., No. 14-1520 (U.S.))
  • Achieved favorable settlement for major automotive manufacturer in patent litigation in district court and the Patent Trial and Appeal Board (Innovative Display Tech. v. Toyota Motor Corp, C.A. No. 2:14-CV-200 (E.D. Tex.))
  • Represented veteran at the Federal Circuit from an adverse disability rating in the Department of Veterans Affairs (Spicer v. Shinseki, 752 F.3d 1367 (Fed. Cir. 2014))

Publications

  • Attorneys' Fees Awarded After Patent Owner Lost for a Second Time on the Same Claim-Construction Argument on a Different but Related Patent, LES Insights (Mar. 31, 2015) (Co-author)
  • 3D Printing: Practical Patent Pointers, Wired Innovation Insights (Sept. 2, 2014) (Co-author)

Clerkships

  • Law clerk to the Honorable Kara F. Stoll, United States Court of Appeals for the Federal Circuit

Education

University of Pennsylvania Law School, J.D., magna cum laude

Charles Summers Scholars Prize

Outstanding Pro Bono Service Award

Articles Editor & Associate Editor, Journal of Constitutional Law

Bucknell University, B.A., cum laude, with honors

Bar and Court Admissions

  • Virginia
  • District of Columbia
  • United States Court of Appeals for the Federal Circuit
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