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Chat with the Chairs: IP Litigation

Tell us about your professional career. 

John F. Bennett: I have been an IP litigator—primarily patent litigation—for more than 15 years. Before then, I litigated complex commercial matters for about six years. I graduated from UC Law in 2001.


Paul J. Linden: I began my legal career in 2008 as an associate at a local IP boutique. In November 2020, I made the move to Ulmer & Berne as counsel. At both firms, my practice has focused on federal court litigation involving patents, trademarks, trade secrets, and copyrights, and adversarial proceedings at the U.S. Patent and Trademark Office involving patents and trademarks. 

When did you join the CBA? And the IP Litigation Group?

JFB: I joined the CBA in approximately 2006 and the IP Litigation Group shortly thereafter.


PJL: I joined both the CBA and the IP Litigation Group in 2008, shortly after I began practicing law.

What are your goals for the IP Litigation Group? 

JFB: My primary goals for the group are to share practical knowledge regarding IP litigation, to have lively and engaging presentations, and to provide opportunities for group members to meet one another and socialize. Also, as a secondary objective, I hope one day to oust co-chair Paul Linden and secure exclusive control as the group’s sole chair.


PJL: I would like to continue offering quality lunch-and-learn presentations to local practitioners about developments in intellectual property law. I would also like to rid the group of co-chair John Bennett so I can take exclusive control of the mantle of leadership.

What is a memorable moment or lesson learned from a session related to the IP Litigation Group? 

JFB: In approximately February 2017, Paul Linden and I realized that providing free lunches results in significantly higher attendance at our group meetings.


PJL: We’ve had many quality presentations by local attorneys, but, for me, some of the most memorable have come when newer attorneys step up for the first time and deliver really exceptional talks.

In what ways has the field of IP Litigation evolved since you began practicing? 

JFB: For me, the two most significant developments include passage of the Leahy-Smith America Invents Act (the “AIA”) and the Supreme Court’s decision in TC Heartland LLC v. Kraft Food Brands LLC. Among other things, the AIA created new post-grant proceedings, such as inter partes review, which make it significantly easier for accused infringers to attack the patentability of asserted patents. And the TC Heartland case changed how courts applied the patent venue statute, limiting where patent owners are able to sue accused infringers.


PJL: There have been many significant developments in intellectual property litigation since I began practicing, including major revisions to governing statutes (e.g., American Invents Act, numerous decisions by the Supreme Court of the United States, and, most recently, the move toward conducting many litigation activities such as court hearings and depositions by video conference rather than travelling in person. 

What is your favorite summer activity? 

PJL: Grabbing Graeter’s with my family. 


JFB: Running in the early morning.

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