Benjamin M. Patton concentrates his practice on patent preparation and prosecution, cybercrime and data security issues. He also assists in early case and litigation risk assessment, data breach investigations and responses, and intellectual property counseling and licensing. Additionally, his work includes initiating cease-and-desist letters and helping to develop patent infringement defense strategies.
As a member of the Privacy and Data Security Practice at Shook, Benjamin helps prepare incident response plans and advises as to legal obligations to notify affected consumers, business partners and regulators following a data breach. With degrees in both computer criminology and computer science, he is able to understand the technical challenges of a data incident and work closely with clients to mitigate the risks arising from the breach.
In addition, Benjamin helps companies with compliance issues relating to state, federal and international privacy laws. His high-tech experiences allow him to easily comprehend clients’ technological processes to minimize the risk of a breach and ensure compliance at all levels.
Before pursuing a career in law, Benjamin was part of a team consulting on internal data security threats at a large telecommunications company. Using his strong technical background, he helped create of company-wide security awareness policies and standards for software developers.
Additionally, Benjamin has substantial knowledge of application security frameworks, vulnerability mitigation standards and ethical hacking procedures.
Benjamin’s background in computer science enables him to understand his clients’ technical innovations and protect their assets in a rapidly changing economy.
Specifically, he has managed patent issues in a number of diverse technology fields, including computer architecture, software, networks, database, virtualization, mobile applications and architecture, medical device technology, cloud computing, artificial intelligence and blockchain technologies.
Benjamin has been instrumental in drafting patent applications, claim amendments, office action responses and other prosecution matters.
He has drafted and submitted preliminary opinions to the U.S. Patent and Trademark Office on the patentability of PCT patent applications, as well as written validity, freedom-to-operate and patent landscape opinions. Benjamin regularly participates in pretrial matters related to patent infringement.
- J.D., Santa Clara University School of Law, 2018
- High Tech Law Certificate, Intellectual Property Specialization, with honors
- High Tech Excellence Award
- CALI Award (Internet Law)
- Witkin Award (IP Litigation)
- Student Intellectual Property Association
- B.S., cum laude, Florida State University, 2015 (Computer Science and Computer Criminology)
- Phi Eta Sigma Honor Fraternity
- Catholic Student Union
- President’s List
- Dean’s List
- U.S. Patent and Trademark Office
- American Bar Association
- American Intellectual Property Law Association
- International Association of Privacy Professionals
- Boys & Girls Club of America, Community Facilitator and Volunteer
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